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TC Packet 08-08-2023_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, Aug 8, 2023 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Public Hearing: Second Reading of Ordinance 23-04: Construction Materials Use Tax (Finance Director Scott Wright and Town Manager Eric Heil) 5.2. Resolution 23-17 Approving a Tax and Fee Waiver for Community Housing at Walking Mountains (Planning Director Matt Pielsticker) 5.3. Intergovernmental Agreement with Eagle County Clerk for Coordinated Election (Town Clerk Miguel Jauregui Casanueva) 5.4. Vail Valley Art Guild Seasons Rent Proposal (Town Manager Eric Heil) 6. MINUTES 6.1. Approval of June 27, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 6.2. Approval of July 25, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority June 22, 2023 Meeting Summary (Mayor Pro Tem Tamra Underwood) 7.2. Planning & Zoning Commission August 1st Abstract (Planner 1+ Max Morgan) 7.3. CO Childcare Sustainability Bonus Grant (Recreation Director Michael Labagh) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. An executive session pursuant to CRS 24-6-402(4)(b) and (e) for the purposes of receiving legal advice from the Town Attorney on specific legal questions and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators more specifically related to: 1) Early Childhood Development on Planning Area E; 2) State Land Board Annexation; and 3) Upper Eagle River Water Authority Unallocated Water 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 970.748.4004 eheil@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager RE: Ordinance No. 23-04 Use Tax on Construction Materials DATE: June 9, 2023 SUMMARY: Ordinance No. 23-04 Use Tax on Construction Materials is presented to Council for second and final reading. Council must conduct a public hearing on second reading in accordance with the Avon Home Rule Charter. Ord. 23-04 would refer a 4% Use Tax on Construction Materials question to the November 7, 2023 election. Tax questions in Avon must be referred to November elections in accordance with the Tax Payors Bill of Rights (“TABOR”). TABOR requires ballot content to be certified to the County Clerk for coordinated elections by September 8, 2023. Council has regular meetings on July 25, August 8 and August 22 before the September 8, 2023 deadline to certify ballot content. 4% USE TAX ON CONSTRUCTION MATERIALS: The proposed Use Tax would only apply to new construction. The proposed Avon Municipal Code amendment to adopt Chapter 3.09 includes an exemption for $50,000 of work in a calendar year, which is intended to exempt home improve projects and other small projects. This exemption is much higher than exemptions in other communities (Vail has a $10,000 exemption). VOTER POLLING: Avon conducted voter polling in early summer of 2022. The voter polling results indicated community support for the Use Tax’; however, Council decided in 2022 to focus efforts on the Regional Transportation Authority and took action to only refer the formation of the Regional Transportation Authority to the Avon electorate. The vote on the Regional Transportation Authority was successful. It was acknowledged last August that Council contemplated referring the Use Tax ballot question to the Avon electorate in November, 2023. FINANCIAL ANALYSIS: The following chart depicts Use Tax that would have been collected over the last 10 years. COMMERCIAL AND RESIDENTIAL CONSTRUCTION LAST TEN FISCAL YEARS Total Illustrated Total Commercial Construction Residential Construction Building Construction Permits Square No. of Construction Use Year Issued Footage Value Units Value Value Tax 2013 159 217,293 $ 27,121,876 12 $ 9,027,760 $ 36,149,636 $ 722,993 2014 156 - 1,500,000 10 13,735,900 15,235,900 304,718.00 2015 153 114,614 14,336,000 10 6,970,000 21,306,000 426,120.00 2016 158 90,309 21,525,147 7 8,551,360 30,076,507 601,530.14 2017 167 60,043 29,298,052 6 18,930,069 48,228,121 964,562.42 2018 164 93,579 37,542,440 20 15,120,198 52,662,638 1,053,252.76 2019 177 23,276 11,851,054 278 64,258,298 76,109,352 1,522,187.04 2020 169 36,082 14,430,422 12 10,341,682 24,772,104 495,442.08 2021 208 7,900 1,957,878 20 31,467,170 33,425,048 668,500.96 2022 215 131,676 34,500,000 127 164,909,400 199,409,400 3,988,188.00 Page 2 of 2 FINANCE COMMITTEE: Staff presented general information on the Use Tax to the Finance Committee on May 3, 2023. The Finance Committee supported Council moving forward to refer the question of the Use Tax to the November 7, 2023 election. VILLAGE (AT AVON): The existing development agreement with Traer Creek LLC contemplates that if a Use Tax is adopted then the revenues would be credited and pledged to Traer Creek Metropolitan District to finance public improvements in the Village (at Avon). Staff has experienced continued complications with attempting to collect the sales tax on construction materials which we will discuss further at the Finance Committee meeting. Additionally, the adoption of a Use Tax can be expected to generate significantly more revenue from new construction than the imposition of the Sales Tax on construction materials. Additional revenues from a Use Tax would accelerate the repayment of debt obligations backed by Town of Avon tax credits in accordance with the Village (at Avon) Development Agreement. ACCOMMODATION FOR SINGLE-FAMILY AND DUPLEX: In response to Council direction at the July 25, 2023 meeting, 3.09.060 was amended to allow deferral of payment for single-family or duplex construction if requested by the building permit applicant. An additional sentence is added to read: A single family or duplex building permit applicant may request deferral of the payment of the Use Tax until completion of construction which payment in full shall then become a condition of issuing a Temporary Certification of Occupancy or Certificate of Occupancy. BALLOT QUESTION: The ballot question was revised to include a maximum amount of revenue increase for the first year, as is required by TABOR. $6,000,000 is suggested which is based on the estimated Use Tax that would be generated by all potential projects that we know at this time and then doubling that estimate in case there are additional projects that pull building permits next year. The general practice with TABOR ballot questions is to estimate the potential revenues on the high side to avoid the complications and administrative costs of tax rebates if the actual revenues from a tax question exceed the amount authorized in the ballot question. PROPOSED MOTION: “I move to approve Ordinance No. 23-04 REFERRING A BALLOT QUESTION REGARDING USE TAX ON CONSTRUCTION MATERIALS TO THE NOVEMBER 7, 2023 ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ESTABLISH CHAPTER 3.09 USE TAX ON CONSTRUCTION MATERIALS on second and final reading.” Thank you, Eric ATTACHMENT A: Ordinance No. 23-04 Use Tax on Construction Materials ATTACHMENT B: Regional Use Taxes ATTACHMENT C: Use Tax Presentation July 20, 2021 Ord 23-04 Use Tax on Construction Materials July 25, 2023 Page 1 of 2 ORDINANCE NO. 23-04 REFERRING A BALLOT QUESTION REGARDING USE TAX ON CONSTRUCTION MATERIALS TO THE NOVEMBER 7, 2023 ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ESTABLISH CHAPTER 3.09 USE TAX ON CONSTRUCTION MATERIALS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Council finds that the referral of a 4% Use Tax on Construction Materials to the Avon electorate is appropriate and beneficial for the Avon community in order to reduce the administrative burden of Town and builders, to adopt a use tax that matches the Town’s sales tax, to increase the collection of revenues related to new construction for general government purposes and to increase revenues in the Village (at Avon) for the purpose of accelerating the satisfaction of the Town’s tax credit obligations; and WHEREAS, the Council finds that adoption of a use tax will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Chapter 3.09 Enacted. A new Chapter 3.09 - Use Tax on Construction Materials in the Avon Municipal Code, set forth in EXHIBIT A: Chapter 3.09 attached hereto, is hereby enacted subject to voter approval as described in Section 3 of this Ordinance. Section 3. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 7, 2023. Ord 23-04 Use Tax on Construction Materials July 25, 2023 Page 2 of 2 If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2024, whichever occurs last. Section 4. Ballot Title and Questions. The ballot title and question submitted to the electors shall be as follows: Ballot Title: USE TAX ON CONSTRUCTION MATERIALS Ballot Question: SHALL TOWN OF AVON TAXES BE INCREASED SIX MILLION DOLLARS ($6,000,000.00) ANNUALLY IN 2024, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT FOR ANY MUNICIPAL PURPOSE, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH ORDINANCE NO. 23-04 ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on July 27, 2023, and setting such public hearing for August 8, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 8, 2023, after conducting a public hearing. BY: ATTEST: _____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney 1 EXHIBIT A: Chapter 3.09 – Use Tax on Construction Materials CHAPTER 3.09 – Use Tax on Construction Materials 3.09.010 – Title, Purpose, and Applicability. (a) This Chapter shall be known and may be cited as “The Town of Avon Use Tax on Construction and Building Materials.” (b) The purpose of this Chapter is to raise revenue for municipal purposes and provide a complementary tax to the Town’s sales tax. The Town Council find that every person who uses or consumes in the Town any construction and building materials is exercising a taxable privilege. (c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein shall apply to any use or consumption in the Town of construction and building materials purchased at retail on or after January 1, 2024. 3.09.020 – Definitions When not otherwise clearly indicated by the context, the following words and phrases, as used in this chapter, shall have the following meanings: Building permit means a permit, issued by the Town, allowing the permit holder to construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system regulated by the adopted building codes of the Town. A building permit shall not include any permit for demolition or dewatering. Charitable organization means any entity which has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code. Construction equipment means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure, or infrastructure, whether leased or owned. Construction Materials means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above 2 materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materials. Construction valuation means the total value of the work, including labor and construction and building materials, for which a permit is issued, including leased construction equipment, electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the building department or building official. Consumption means the act or process of consuming, and includes waste, destruction, or use. Consumption is the normal use of property for the purpose for which it was intended. Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. Director means the Director of Finance for the Town or such person’s designee. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Purchase or sale means the acquisition for any consideration by any person of tangible personal property by way of purchase, lease, or rental, including capital leases, installment and credit sales, and lease-purchase, rental or grant of a license to use, which consideration may include money, exchange of property or services, or any other thing of value. Purchase price means the aggregate value in money of anything or things paid or delivered or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold, cost of materials used, labor or service cost, or any other expense whatsoever, and provided that when articles of tangible personal property are sold after manufacture or after having been made to order, the gross value of all materials, labor, service, and profit thereon shall be included in the purchase price; provided that the purchase price shall not include any direct tax imposed by the United States government, the state, or this chapter. Retail Sale or Purchased at Retail means any purchase or sale of tangible personal property, except a wholesale sale or purchase made for taxable resale. Taxpayer means any person obligated to collect and/or pay tax under this Code. Town means the Town of Avon. Use means the exercise, for any length of time, by any person with the Town of any right, power or dominion over tangible personal property or services when rented, leased, or purchased 3 at retail from sources within or with the Town; or tangible personal property used in the performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes withdrawal of items from inventory for consumption. Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for resale. Sales by wholesalers to consumers, including persons who use or consume construction and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to non-licensed retailers are not wholesale sales. Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for the purpose of resale and not for storage, use, consumption, or distribution. 3.09.030 – Use tax imposed. (a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use tax on the privilege of using or consuming within the Town construction and building materials of every kind and form purchased or leased inside or outside the Town. (b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the cost of construction and building materials used or consumed in the Town, including leased equipment. For purposes of this Chapter, the cost of construction and building materials is deemed to be fifty percent (50%) of the construction valuation. (c) Any construction and building material used or consumed on a project which has received all final development review approvals required by Title 7 of the Avon Municipal Code on or before December 31, 2023, shall not be subject to the use tax imposed herein. If any approval expires by its terms after December 31, 2023, such application for development review shall then be subject to the use tax imposed by this Chapter. 3.09.040 – Exemptions. The following are exempt from the use tax imposed by this chapter, provided that the list of exemptions cannot be increased by implication or similarity and the burden of proof is upon the taxpayer to establish an exemption: (a) The use or consumption of construction and building materials the sale of which is subject to a retail sales tax imposed by the Town; (b) The use or consumption of construction and building materials purchased for resale in the Town, either in their original form or as an ingredient of a manufactured or compounded product, in the regular course of business; (c) The use or consumption of construction and building materials by the United States government; by the State, its departments or institutions or political subdivisions thereof in their governmental capacities only; or by the Town; providing, however, 4 that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; (d) The use or consumption of construction and building materials by charitable organizations in the conduct of their regular charitable functions; except that nothing herein contained shall be deemed to exempt use of construction and building material or supplies used by a contractor for the construction of an improvement for a charitable organization; (e) The use or consumption of construction and building materials by a person engaged in the business of manufacturing or compounding for sale, profit, or use of any article, substance, or commodity, which construction and building materials enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof; (f) The use or consumption of construction and building materials if a written contract for the purchase thereof was entered into prior to January 1, 2024; (g) The use or consumption of construction and building materials required or made necessary in the performance of any construction contract bid, let, or entered into at any time prior to January 1, 2024; (h) The storage of construction and building materials; (i) A building project, subject to a Town of Avon Building Permit, with a total construction valuation of fifty thousand dollars ($50,000.00) or less; (j) The use or consumption of construction and building materials in the Town on which the use tax imposed by this Chapter has already been paid; and (k) Any transaction which the Town is prohibited from taxing under applicable law. 3.09.050 – Credit for taxes paid to another taxing authority. (a) The Town’s use tax shall not apply to the use or consumption of any construction and building materials the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule town, city, or city and county equal to or in excess of the use tax imposed herein. (b) A credit shall be granted against the Town’s use tax in an amount equal to lawful tax previously paid by the purchaser or user to another taxing authority, provided that the amount of credit shall not exceed the amount of use tax imposed by this Chapter. (c) The burden of proof is upon the taxpayer to establish the right to any credit claimed. 5 (d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit is issued. Once such permit is issued, persons engaged in construction projects in the Town are considered to be the end users of construction and building materials and must not pay municipal sales tax to a retailer in another jurisdiction for materials to be used or consumed in the Town. No refund or credit of another municipality’s tax will be allowed unless such tax is legally imposed. 3.09.055 – Tax credit for the Village (at Avon). Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing tax on use or consumption of building materials within The Village (at Avon) a temporary tax credit equal to the amount of any Building Materials Use Fee paid by or on behalf of such person for that same use or consumption. The amount of the credit shall not exceed the amount of use tax owed. This credit shall expire with the termination of the Building Materials Use Fee as set out in the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. 3.09.056 - Tax credit for Community Housing. Notwithstanding any other provision of this Chapter, there may be granted a tax credit to each person owing tax on the use or consumption of construction and building materials and fixtures used in a Community Housing project provided that such use tax credit is approved by Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. 3.09.057 - Temporary tax credit for renewable energy production components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary tax credit to each person owing tax on the use or consumption of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change. 3.09.060 – Collection and administration. (a) The administration of this chapter is hereby vested in the Director, who shall prescribe forms and promulgate rules and regulations for the proper administration and 6 enforcement of this chapter. The Director may delegate to any person the power and authority necessary for the proper administration and enforcement of this chapter. (b) The use tax required by this Chapter shall initially be made by estimate, which estimated amount must be paid at or prior to the time any permit for building or construction within the Town is issued. No permit shall be issued by the Town Building Official, or any other town employee, to any person requesting a permit for construction within the Town until such estimated use tax has been paid, except as described below for single-family and duplex residential building permits. The tax estimate shall be made by the Director, working with the Community Development Department to determine the Construction Valuation. A single family or duplex building permit applicant may request deferral of the payment of the Use Tax until completion of construction which payment in full shall then become a condition of issuing a Temporary Certification of Occupancy or Certificate of Occupancy. (c) All use taxes due to the Town must be paid in full before a final building inspection may take place and a permanent or temporary certificate of occupancy issued. The Director may determine the amount of use taxes due to the Town before final inspections occur or certificates of occupancy issue. To assist in this determination, the Director may request information from the taxpayer, who shall timely provide it, which information may include proof of actual amounts paid for construction and building materials used or consumed in the building project. (d) A person engaged in a construction project in the Town who does not apply for and have issued a permit or who seeks and obtains prior approval of the Director to remit use taxes in accordance with this Subsection (d) shall, on or before the twentieth day of each succeeding month following the start of construction, file a return with the Director attaching all statements and invoices establishing the price paid for building and construction materials used in the local project, along with a summary sheet for materials purchased the previous month, and shall thereupon pay to the Town the full amount of use tax due for the preceding month or months. Any failure to make such return and payment of such use tax shall be deemed a violation of this Chapter, which may, upon conviction, subject the violator to penalties provided. 3.09.070 – Penalty and Interest. (a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter, or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then penalties and interest shall be imposed in accordance with this section. (b) If a person neglects or refuses to pay any use tax as required by this Chapter within ten (10) days after the same is due, the Director shall make an estimate, based upon such information as may be available, of the amount of use tax due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate 7 of one-and-a-half percent (1.5%) per month from the time delinquent payment was due. (c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall be added a penalty of one hundred percent (100%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Director, and an additional three percent (3%) per month on said amount shall be added from the date payment was due, until paid. (d) The Director may, for good cause shown, waive any penalty or interest. 3.09.080 – Remedies not exclusive. In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any other remedies available at law or in equity. 3.09.090 – Lien. The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and prior lien on any real property into which the construction and building materials were incorporated. 3.09.100 – Limitation of Action. Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be commenced, within three (3) years of the issuance of a final certificate of occupancy for the improvement on which the use tax was paid. This period of limitation shall not run for any period of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration of the limitation period. 3.09.110 – Refunds. (a) Upon completion of construction, the taxpayer may apply to the Director for a refund of overpaid taxes. Such application shall be supported by documentation required by the Director or as needed to establish actual amounts paid for construction and building materials used or consumed as part of a building project. (b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for refund of such protested tax must be made within sixty (60) days of issuance of the building permit for which the use tax was paid under protest. (c) A taxpayer claiming refund for use tax paid by mistake or in error must make that claim within three (3) years of the final inspection or issuance of a permanent certificate of occupancy, whichever comes later, for the improvement on which the use tax was paid. 8 (d) All claims for refund shall be upon forms prescribed by the Director and made in such manner as required by the Director. The Director shall promptly review refund claims and issue a denial in writing, state the reason therefor, or provide the funds requested, after applying any refund amount against outstanding tax liabilities. (e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a written protest, filed within 30 days of the Director’s notice. The protest shall identify specific grounds for dispute, including any necessary documentation, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, Colorado Revised Statutes. (e) The right to refund shall not be assignable. 3.09.120 – Audit. (a) The Town may audit, or the taxpayer request an audit, within three (3) years from the issuance of any certificate of occupancy for the improvement on which the use tax was paid. An audit requested by the taxpayer shall be at the taxpayer’s sole cost. (b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the difference shall be refunded to the taxpayer within thirty (30) days of the final determination of the Town. If the recomputed use tax is more than the amount of use tax paid by the taxpayer, the difference, along with any interest and penalty imposed by this chapter, shall be due and payable by the taxpayer immediately upon the final determination of the Town with notice to the taxpayer. 3.09.130 – Book, Records, Reports, and Returns. (a) Every person liable for any use tax imposed by this chapter shall keep and preserve, for a period of three (3) years from the date of issuance of a final certificate of occupancy for the improvement on which the use tax was paid, all books, records, reports and returns necessary to determine the amount of tax liability. All such books, records, reports, and returns shall be open for examination at any time by the Director. (b) Any information gained by taxpayer disclosure or as part of an audit or investigation shall be entitled to the same level of confidentiality afford to sales tax information, as set out in Chapter 3.08 of the Avon Municipal Code. (c) For the purpose of determining the amount of tax due from any taxpayer, the Director may hold investigations and hearings concerning any matters covered by this Chapter, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having relevant knowledge, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall 9 have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena. (d) The Municipal Judge, upon application of the Director, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Director or any of his or her duly authorized agents, by the issuance and enforcement of subpoenas, in the same manner as production of evidence may be compelled before the court. 3.09.140 – Violation and Penalty (a) It is a violation of this Chapter for any person subject to the use tax levied by this chapter to submit any false or fraudulent use tax information to the town, to make any false statement on any document used to calculate taxes due under this chapter, to fail or refuse to make payment of any taxes due, to evade the payment of any taxes due, or to aid or abet another in any attempt to evade the payment of any taxes due under this chapter. (b) In addition to any other penalty provided in this Chapter, any person who violates any provision of this Chapter shall be punished in accordance with Section 1.08 of the Avon Municipal Code. Finance Committee – Use Taxes June 3rd, 2021 Town Sales Tax (city) Use Tax Crested Butte 4.00% 4.50%1/4.00%2 Steamboat Springs 4.50% 4.50%12 Rifle 4.25% 4.25%12 Eagle 4.00% 4.00%1 Fraser 4.00% 4.00%12 Grand Lake 4.00% 4.00%12 Grandby 4.00% 4.00%12 Minturn 4.00% 4.00%1 Vail 4.00% 4.00%1 Parachute 3.75% 3.75%1 Glenwood Springs 3.70% 3.70%12 Carbondale 3.50% 3.50%12 Grand Junction 2.75% 3.25%12 Fruita 3.00% 3.00%12 Gypsum 4.00% 3.00%1 Mount Crested Butte 5.00% 3.00%1 Red Cliff 3.00% 3.00%1 Silt 3.00% 3.00%12 Alma 3.00% 2.00%2 De Beque 2.00% 2.00%1 Hayden 4.00% 2.00%1 New Castle 3.50% 2.00%1 Yampa 2.00% 2.00%12 Aspen 2.40% 0.00% Avon 4.00% 0.00% Blue River 2.50% 0.00% 1 Construction Materials 2 Motor Vehicles / Trailers Breckenridge 2.50% 0.00% Buena Vista 2.50% 0.00% Collbran 2.00% 0.00% Como 1.00% 0.00% Dillon 2.50% 0.00% Fairplay 4.00% 0.00% Frisco 2.00% 0.00% Gunnison 1.00% 0.00% Hartsel 1.00% 0.00% Hot Sulphur Springs 4.00% 0.00% Keystone 0.75% 0.00% Kremmling 4.00% 0.00% Marble 2.00% 0.00% Montezuma 2.00% 0.00% Oak Creek 3.00% 0.00% Palisade 2.00% 0.00% Pitkin 3.00% 0.00% Poncha Springs 2.00% 0.00% Salida 3.00% 0.00% Silverthorne 2.00% 0.00% Snowmass Village 3.50% 0.00% Winter Park 5.00% 0.00% Sales Tax | Use Tax percentages in Eagle County Use Tax | July 2021 4% | 0% The Town of Avon is the odd town in Eagle County with no use tax. Eagle 4% | 4% Minturn4% | 4% Vail 4% | 4% Red Cliff3% | 3% Gypsum4% | 3% Use Tax Presentation July 20, 2021 Purpose of Report Community Housing Plan Goals Seek Opportunities for New Funding Sources Support for Local Ballot Initiatives 2021 Department Goal Present Legal and Financial Analysis of Use Tax Use Tax Presentation | July 20, 2021 Background PREVIOUS INITIATIVES ●In 2002 a 4% Construction Use Tax Submitted to TOA Voters ●Ballot Language Earmarked the Tax to be “spent solely for transportation and recreation capital projects and services and infrastructure related thereto” ●Question Failed To Pass with 379 In Favor and 573 Against. Use Tax Presentation | July 20, 2021 Analysis Three Types of Use Tax Consumer Use Tax Motor Vehicle Use Tax Construction Materials Use Tax Consumer Use Tax Companion Tax State of Colorado Best Example South Dakota v. Wayfair Supreme Court Decision Makes this Tax Less Effective Locally Not Recommended by Staff for Consideration Use Tax Presentation | July 20, 2021 Analysis Con’t MOTOR VEHICLE USE TAX •Use Tax Would Apply to Vehicles Purchased Out-of-Town But Registered in Avon •No Tax If Vehicle Registered Outside of Town •Tax Must Be Paid Prior to Titling and Registration •Jurisdictions Without a Use Tax Unlikely to Have Automotive Dealerships •Can Raise a Substantial Amount of Revenue •Would Be a New Tax for Avon Residents Purchasing a Vehicle •Not Recommended by Staff for Consideration Use Tax Presentation | July 20, 2021 Motor Vehicle Use Taxes The following table is based on a CML list serv survey that was taken. MotorMotor Vehicles Vehicle Municipal Use Tax Use Tax Imputed Sales Jurisdiction Population Revenue Rate Taxable Sales Per Person Town of Cedaredge 2,300 $ 95,292 2.00%$ 4,764,600 $ 2,071.57 City of Castle Pines 11,000 899,638 2.75%32,714,109 2,974.01 City of Commerce City 61,000 7,087,921 4.50%157,509,356 2,582.12 Town of Estes Park 6,300 317,941 2.00%15,897,050 2,523.34 City of Cherry Hills Village 6,641 1,061,673 3.00%35,389,100 5,328.88 City of Golden 22,015 1,116,029 3.00%37,200,967 1,689.80 City of Aurora 386,502 21,481,130 3.75%572,830,133 1,482.09 City of Manitou Springs 5,346 329,619 3.80%8,674,184 1,622.56 Town of Carbondale 6,900 534,613 3.50%15,274,657 2,213.72 City of Littleton 48,140 2,491,696 3.00%83,056,533 1,725.31 City of Centennial 110,000 5,309,401 2.50%212,376,040 1,930.69 City of Lafayette 29,587 2,171,793 3.50%62,051,229 2,097.25 Average of Respondees 3.11%$ 2,353.44 Use Tax Presentation | July 20, 2021 Motor Vehicle Use Taxes •Projected Revenues Based on the previous table and Avon’s approximate permanent population of 6,500, each 1% motor vehicle use tax could generate approximately $152,945. Use Tax Presentation | July 20, 2021 Construction Use Tax •Use Tax Would Be Collected at Time of Building Permit •Tax Based on Predetermined Formula. Common Method to Use 50% of Construction Value •Builder Exempt from Paying Further Sales Taxes on Materials Related to the Permit •Avon is the Only Jurisdiction in Eagle County Without a Construction Use Tax Use Tax Presentation | July 20, 2021 Sales Tax | Use Tax percentages in Eagle County Use Tax Presentation | July 20, 2021 4% | 0% This map shows “% Sales Tax | % Use Tax” for each Town. Town of Avon is the odd town in Eagle County with no use tax. Eagle 4% | 4% Minturn4% | 4% Vail 4% | 4% Red Cliff3% | 3% Gypsum4% | 3% Sales Tax | Use Tax percentages Use Tax Presentation | July 20, 2021 Town Sales Tax (city) Use Tax Crested Butte 4.00% 4.50%1/4.00%2 Steamboat Springs 4.50% 4.50%12 Rifle 4.25% 4.25%12 Eagle 4.00% 4.00%1 Fraser 4.00% 4.00%12 Grand Lake 4.00% 4.00%12 Grandby 4.00% 4.00%12 Minturn 4.00% 4.00%1 Vail 4.00% 4.00%1 Parachute 3.75% 3.75%1 Glenwood Springs 3.70% 3.70%12 Carbondale 3.50% 3.50%12 Grand Junction 2.75% 3.25%12 Fruita 3.00% 3.00%12 Gypsum 4.00% 3.00%1 Mount Crested Butte 5.00% 3.00%1 Red Cliff 3.00% 3.00%1 Silt 3.00% 3.00%12 Alma 3.00% 2.00%2 De Beque 2.00% 2.00%1 Hayden 4.00% 2.00%1 New Castle 3.50% 2.00%1 Yampa 2.00% 2.00%12 Aspen 2.40% 0.00% Avon 4.00% 0.00% Blue River 2.50% 0.00% 1 Construction Materials 2 Motor Vehicles / Trailers Breckenridge 2.50% 0.00% Buena Vista 2.50% 0.00% Collbran 2.00% 0.00% Como 1.00% 0.00% Dillon 2.50% 0.00% Fairplay 4.00% 0.00% Frisco 2.00% 0.00% Gunnison 1.00% 0.00% Hartsel 1.00% 0.00% Hot Sulphur Springs 4.00% 0.00% Keystone 0.75% 0.00% Kremmling 4.00% 0.00% Marble 2.00% 0.00% Montezuma 2.00% 0.00% Oak Creek 3.00% 0.00% Palisade 2.00% 0.00% Pitkin 3.00% 0.00% Poncha Springs 2.00% 0.00% Salida 3.00% 0.00% Silverthorne 2.00% 0.00% Snowmass Village 3.50% 0.00% Winter Park 5.00% 0.00% Construction Use Tax •Advantages of a Construction Use Tax •Helps Achieve Consistency in Imposition of Tax •Eliminates Unfair Competition Using Tax Rates •Eases Administrative Burden of Collection •Nexus of Construction to Community Housing Needs Use Tax Presentation | July 20, 2021 Construction Use Tax •Use Tax Statistics $32,772,355 – Ten-year Average of Total Building Construction Value Based on Above, 4% Use Tax Would Generate $610,603 Per Annum •Sales Tax Statistics $399,446 - Seven-year Average of Actual Sales Taxes Collected $537,553 Actual 2020 Sales Tax Collections, or 5.8% of Total Use Tax Presentation | July 20, 2021 Construction Use Tax | Scenario 1 •Large Scale Project, hiring a contractor to build a house Use Tax Presentation | July 20, 2021 1.Use Tax paid at time of permitting based on materials estimate of 50% of project cost. 2.No sales tax on supplies that are ordered, delivered or picked up. Contractor will show proof of use taxes already paid. 3.At end of project, final amount calculated and overpaid/underpaid refunded/collected. Construction Use Tax | Scenario 2 •Medium Scale Project, hiring a contractor to remodel a kitchen Use Tax Presentation | July 20, 2021 1.Use Tax paid at time of permitting based on materials estimate of 50% of project cost. 2.No sales tax on supplies that are ordered, delivered or picked up. Contractor will show proof of use taxes already paid. 3.At end of project, final amount calculated and overpaid/underpaid refunded/collected. Construction Use Tax | Scenario 3 •Small Scale Project, DIY remodel of bathroom tile Use Tax Presentation | July 20, 2021 1.No permit or inspection needed so Use Tax is not paid. 2.Sales Tax will apply depending on where materials are purchased and if they are picked up or delivered. For example, 0% if picked up in Edwards or 4% if picked up in Eagle. And 4% to Avon if delivered in Avon and if ordered online and delivered in Avon. Construction Use Tax | Modeling Riverfront •What would Riverfront generate if the Town had a use tax? Use Tax Presentation | July 20, 2021 1.Based on a Total Construction Value of $87.6 million 2.4% Construction Use tax would generate $1,752,000 Traer Creek •Imposition of Use Tax on building materials shall be automatically applied to any sale within The Village (at Avon) through increase in the Credit PIF. •The Credit PIF increase shall be proportionate to the Use Tax. •Purchases made within The Village (at Avon) shall receive a tax credit against the Town’s Use Tax in the amount equal to an any increase in the Credit PIF resulting from an imposition of the Use Tax. •The Town may amend its Municipal Code to reflect the automatic tax credit for use tax, but such an amendment shall not be required to implement the Tax Credit. •Prior to adopting any such use tax, the Town shall coordinate with Traer Creek regarding the implementation the Use Tax/Credit PIF/Tax Credit. •Increase in the Credit PIF shall not be taxable by the Town. Use Tax Presentation | July 20, 2021 Traer Creek –Section 6.4(v) pf CARDA Sample Ballot Question SAMPLE BALLOT QUESTION SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________) ANNUALLY IN 2022, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING THE ACQUISITION OF LAND FOR HOUSING, CONSTRUCTION OF HOUSING, EXTENSION OF PUBLIC INFRASTRUCTURE TO SERVE HOUSING DEVELOPMENT, PURCHASE OF DEED RESTRICTIONS, DOWNPAYMENT ASSISTANCE PROGRAMS, AND PARTNERSHIP WITH PUBLIC AND PRIVATE ENTITIES TO DEVELOP COMMUNITY HOUSING, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-____ ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW. Use Tax Presentation | July 20, 2021 Ballot Question Timeline •Requires voter authorization under TABOR. •Fair Campaign Practices Act limits Town’s ability promote ballot question after ballot title is fixed Use Tax Presentation | July 20, 2021 Aug 10 Aug 24 Nov 2Sept 3 Election DayLast day for Town to certify the ballot content Last regularly scheduled Council Meeting to adopt Resolution Last day to introduce Ordinance to refer ballot question and self-execute implementation Thank You Use Tax Presentation | July 20, 2021 Scott Wright Asst Town Manager and Finance Director swright@avon.org 970.748.4413 matt@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: Res 23-17 Tax and Fee Waiver for Walking Mountains DATE: July 25, 2023 SUMMARY: This report presents Resolution No. 23-17 (“Attachment A”) to the Avon Town Council for consideration. Resolution 23-17 would approve a waiver of taxes and fees for the development of Community Housing at Walking Mountains. Specially, the final staff educator housing structure, Building 3, will be constructed adjacent to the existing two staff buildings near the property entrance. Attached is a letter (“Attachment B”) from Markian Feduschak, whereby Walking Mountains requests the waivers. BACKGROUND: The Town Council amended the Avon Municipal Code in 2019 to adopt guidelines for tax and fee waivers to promote Community Housing. This action implemented an identified goal of the Avon Community Housing Plan. The Town Council previously approved Resolution 20-11 on April 23, 2020, waiving fees for the first two buildings of housing for Walking Mountains with the caveat that waiver was capped at $30,000. TAX AND FEE WAIVER: Avon Municipal Code, Chapter 3.14 (“Attachment C”)– Community Housing Incentives sets forth guidelines for tax and fee waivers which requires the adoption of a Deed Restriction on the property to be eligible for tax and fee waivers. The tax and fee waivers include: (1) Real Estate Transfer Tax, (2) Sales Tax on Construction Material, (3) Development Application Fees; and (4) Building Permit Fees. DEED RESTRICTION: The draft Deed Restriction is attached (“Attachment D”) to this memorandum. The Deed Restriction was modeled off the 2020 agreement for Buildings 1 and 2 of the project. The agreement limits occupancy to “Eagle County Employees” and is consistent with other deed restriction agreements that do not include price restrictions. PROPOSED MOTION: “I move to approve Resolution No. 23-17, Waiving Sales Tax, Development Code Fees, and Building Permit Fees and approving the Deed Restriction for the Development of Community Housing at Walking Mountain Science Center.” Thank you, Matt ATTACHMENT A: Resolution No. 23-17 Tax Fee Waiver and Deed Restriction ATTACHMENT B: Letter from Walking Mountains and Plans ATTACHMENT C: Chapter 3.14 Community Housing Incentive code language ATTACHMENT D: Deed Restriction Resolution 23-17 Tax and Fee Waiver for WMSC August 8, 2023 Page 1 of 2 RESOLUTION 23-17 WAIVING SALES TAX AND BUILDING PERMIT FEES FOR THE DEVELOPMENT OF COMMUNITY HOUSING AT WALKING MOUNTAINS WHEREAS, Walking Mountains, with an address of PO Box 2181, Edwards, Colorado 81632 (the “Declarant”) owns the real property and improvements now or hereafter situated thereon, located at 108 Walking Mountains Lane, Avon, Colorado 81620 and legally described as XLOT 2A, FILING 3, BUCK CREEK SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO (the “Property”); and WHEREAS, the Avon Town Council adopted Ordinance 19-01 on June 25, 2019, an Ordinance setting forth a process whereby the Avon Town Council may waive or reduce certain fees related to the development of Community Housing projects; and WHEREAS, Declarant intends to construct residential dwelling units for Community Housing (“Community Housing Project”) which meets the requirements of the Avon Municipal Code and the requirements of the Community Housing Deed Restriction attached to this Resolution as Exhibit A (“Deed Restriction”); and WHEREAS, Declarant submitted a written request on July 27, 2023 explaining the proposal to construct a six bedroom residential building for educators, interns and fellows, along with a request to waive applicable fees and taxes (“Waiver”) for its Community Housing Project; and WHEREAS, in exchange for the Waiver, Declarant has agreed to execute the Deed Restriction, which Deed Restriction provides the Community Housing units to be constructed shall only be utilized for Eagle County Employees, as defined; and WHEREAS, the Avon Town Council finds that the construction of the Community Housing Project will promote and support, benefit, and enhance the Avon community by providing housing in the vicinity of a regional job center in the IC zone district; and, WHEREAS, the Avon Town Council finds that the promotion and support through the waiver of real estate transfer tax, sales tax on construction materials and fixtures delivered to the Community Housing Project, and waiver of development application and building code fees will promote the health, safety and general welfare of the Avon community. ATTACHMENT A Resolution 23-17 Tax and Fee Waiver for WMSC August 8, 2023 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the request for the Waiver and execution of the Deed Restriction as follows: 1.The Town Council hereby finds the Waiver is necessary to promote Community Housing that will meet the current and projected housing needs for the Avon community. 2.The Town Council hereby finds the public as a whole will benefit from the Community Housing Project. 3.The Town hereby grants a waiver of sales tax applicable to the Community Housing Project, which waiver shall only apply to the purchase of construction materials and fixtures delivered to the Community Housing Project. 4.Declarant shall provide records, receipts and documentation to the Town of the construction materials purchased and shall maintain such records as is required by the Chapter 3.12 Sales Tax of the Avon Municipal Code. 5.The Waiver provided herein shall only become effective upon execution of the Deed Restriction by Declarant and the Town and the recording of the Deed Restriction in the Eagle County Clerk and Recorder’s Office. 6.The Waiver of Building Permit and development review fees are granted in full. 7.This Waiver is conditioned upon development of the Property exclusively for Community Housing. ADOPTED August 8, 2023, by the AVON TOWN COUNCIL By: Attest: ___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A July 27, 2023 Dear Avon Town Council Members, Walking Mountains is most grateful for the partnership we have with the town of Avon and the generous support we’ve receive in so many ways over the years. I’m excited to share with you that we’ve received funding to move forward with the 3rd and final home of the Frechette Educator Community, which houses our Educators, Interns and Fellows. These staff members are full time employees and teach our various educational programs for local school children and the community at large, visitors and locals alike. Our ability to house these employees makes it possible for them to work and live affordably in Avon. As we did for the previous two buildings, we are requesting that the town of Avon waive building permit fees and the materials construction tax. As a nonprofit, we typically don’t pay sales tax. As you know the cost of construction has increased and by waiving the building permit fees and the construction materials tax, the town of Avon will help reduce the cost of construction in a meaningful way. We are most grateful for your consideration of this request. I will be happy to provide more information and answer any questions that you may have. Best regards, Markian Feduschak President ATTACHMENT B Pete and Pat FrechetteEducator Community ATTACHMENT B N81° 40' 18"E45.03' (P) N52° 2 1 ' 1 3 " E 130.56 ' ( P ) N81° 40' 18"E45.03' (P) N52° 2 1 ' 1 3 " E 130.56 ' ( P ) W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 7531 7530 7531 7528 7529 +30. 0 EXIST. STORM WATER POND 7 5 2 7 BLDG No. 1 BLDG No. 2 T.O.PLYWD EL 7528.0' EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL PAVED P A T H PAV E D P A T H 28.0 + 7 5 2 6 75 2 5 75 2 4 +22.0 7 5 2 2 7526 7525 75 2 4 24.7+ inv. 7520.0 EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL EL BLDG No. 3 T.O.PLYWD EL 7524.7' 25.0+75 2 3 +24.5 753 3 7 5 3 2 752 7 +27.0 3 2 . 5 + 7 5 3 3 34 . 0 + +3 2 . 3 +3 2 . 4 32.5+ 75 2 9 75 2 9 . 5 30.0+ +27. 3 +27. 4 75 2 8 19.0+ 26.0+ 26.5+ +24.6 75 2 5 s w a l e T.O.PLYWD EL 7532.5'EXIS T . M O U N T A B L E C U R B T O R E M A I N BLD G S T R U C T L I M I T BLD G S T R U C T L I M I T 7 5 3 4 7533 +31.9 RIM 32.7+ 31.82+ +31.60 +31.50 +31.6 +31.7 0 31.92 + ACCE S S R O U T E 2% MA X . BLDG ST R U C T L I M I T BLDG S T R U C T L I M I T WETLAND S B O U N D A R Y 7530 33.2+ +32.9 +32.1 2 8% M A X . +33.7 cu r b EXISTING MOUNTABLECURB AND GUTTER GFL EXISTING TOP BACK CURB WARP GRADE BEHIND CURB +31.60 2% MA X . 2% M A X . 5% M A X . 75 3 2 STRIPED "NO PARKING"STRIP Snow storage 170 s.ft Snow storage 100 s.ft +24.0 +23.0 +23.0 MAX . 5% 21.8+ +24.3 +24.2 7 5 2 1 75 2 0 751 9 751 8 NO. IS S U E 352-(&7 -2%12 6+((712-85,6',&7,21 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 10 10 10520 C-2SITE GRADING AND DRAINAGE PLAN TOWN OF AVON, CO BUCK CREEK P.U.D. LOT 2A WALKING MOUNTAINS RESIDENTIAL UNITS -BLDG No. 3 18023 A 7.12.23 ISSUED FOR REVIEW WAL K I N G M O U N T A I N S L A N E STREAM SETBACK WETLANDS BOUNDARY LOT LINEDRAINAGE EASEMENT BUC K C R E E K R O A D SEWER EASEMENT COTTON WOOD TREE CANOPY LIMIT EXIST. SEWER MAIN BUCK C R E E K NOTES: 1. THE BUILDING STRUCTURE LIMIT LINE IS ESTABLISHED FROM A COMBINATION OF STREAM SETBACK, SEWER EASEMENT, WETLANDS BOUNDARY ANDDRIVEWAY EASEMENT. ATTACHMENT B AVON MUNICIPAL CODE CHAPTER 3.14 Community Housing Incentives Avon, Colorado, Home Rule Charter and Code Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 1 of 2 CHAPTER 3.14 Community Housing Incentives 3.14.010 Purpose. Council may elect to promote Community Housing through the use of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or fees which are otherwise applicable to residential development. The approval of Community Housing Incentives shall be in Council's sole discretion. The value of any Community Housing Incentive approved by Council shall be less than or reasonably commensurate with the value of the proposed Community Housing, which shall be determined in Council's sole discretion. The Community Housing Incentive shall not apply and shall not be granted to any Community Housing that is provided to satisfy employee housing mitigation required pursuant to Title 7 - Development Code. (Ord. No. 19-01, §4) 3.14.020 Definitions. Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund approved by resolution in accordance with this Chapter 3.14. (Ord. No. 19-01, §4) Cross reference(s)—Development, § 7.08.010. 3.14.030 Approval by resolution. Any credit, exemption or waiver of taxes or fees shall be approved by Council by resolution, which approval shall be in Council's sole discretion. The resolution shall include the following minimum elements: (1)The Community Housing project shall be defined by location, type of residential units, and quantity of residential units;(2)The taxes and/or fees that are subject to a credit, exemption and/or waiver shall bedefined, and may be apportioned for a development project with mixed CommunityHousing and commercial uses and/or free market residential uses; (3)The form of the deed restriction that shall protect and maintain such Community Housing for the benefit of the Town shall be included with the resolution and theresolution shall accept or authorize the acceptance and execution of the deedrestriction;(4)The resolution shall include a finding that the tax and/or fee credits, exemptions and/or waivers are necessary to promote Community Housing that meets a current orprojected housing need for the Avon community; and,(5)The resolution shall include a finding of public benefit for providing such tax and/orfee credit, exemption and/or waiver. (Ord. No. 19-01, §4) ATTACHMENT C Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 2 of 2 3.14.040 Sales tax. Council may provide a tax credit for the amount of sales tax imposed upon building materials and fixtures delivered, installed and/or consumed in Community Housing projects. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.050 Real property transfer tax. Council may provide an exemption for the real property transfer tax on property that is conveyed to construct or otherwise provide a Community Housing project. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.060 Development Code fees. Council may provide a waiver, refund or reimbursement of Development Application review fees that are required pursuant to Title 7 - Development Code. The cost for third party consultants and professionals, studies and reports are not included in the Development Application review fees that can be waived, refunded or reimbursed under this Chapter 3.14. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.070 Avon tap fees. Council may allow the tap fees to be credited towards the cost of required water line upgrades or extensions, may allow deferment of tap fee payment, or may allow a combination of credit and/or deferment of tap fees that are required pursuant to Chapter 13.08 - Rates and Charges of Title 13 - Public Services. Council may determine to provide a partial fee credit or fee deferment as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.080 Building permit fees. Council may provide a waiver of Plan Review and Building Permit fees that are required pursuant to Title 15 - Building Code. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) ATTACHMENT C Page 1 of 13 TOWN OF AVON - RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION WALKING MOUNTAINS NON-PRICE CAPPED THIS DEED RESTRICTION (“Deed Restriction”) is made and executed on ___________________________________, 2023 by Walking Mountains, a Colorado nonprofit corporation (“Declarant”), for the benefit of the Town of Avon, a Colorado home rule municipality (“Town”). WHEREAS, the Declarant is a Colorado nonprofit organization providing region-wide environmental science education in the Eagle River Valley for K-12 students as well as opportunities to involve families and adults in the natural world; and WHEREAS, the Declarant provides year-round programing at the Walking Mountains campus located in Avon, Colorado (“Campus”); and WHEREAS, pursuant to Chapter 3.14 of the Avon Municipal Code (the “AMC”), Council may, in its sole discretion, elect to promote Community Housing through the use of Community Housing Incentives (as defined in the AMC), including the credit, exemption or waiver of taxes and/or fees which are otherwise applicable to residential development; and WHEREAS, under the AMC Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town; and WHEREAS, the value of any Community Housing Incentive approved by Council shall be less than or reasonably commensurate with the value of the proposed Community Housing, which shall be determined in Council's sole discretion; WHEREAS, the Declarant is constructing a Community Housing building containing six (6) bedrooms on that certain property owned by Declarant as described in Section 1 below and defined the “Property” in Section 1; WHEREAS, Declarant has requested certain Community Housing Incentives with respect to its construction of the Property from the Town in exchange for a deed restriction to be placed on the Property; and WHEREAS, Declarant and Town desire to enter into this Deed Restriction with respect to the Property. NOW, THEREFORE, for value received and in consideration of mutual promises Declarant does hereby declare and impose the following covenants on the Property (defined below), which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town. ATTACHMENT D Page 2 of 13 COVENANTS 1. Property. The following real property is hereby burdened with the covenants and restrictions specified in this Deed Restriction: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN (“Property”). The Town shall record this Deed Restriction against the Property at Declarant’s expense. The parties acknowledge and agree the Property is located on Lot 2A, Filing 3, Buck Creek Subdivision, as further described on Exhibit A (“Lot 2A”) but that Lot 2A currently consists of three building sites, as follows: (a) the Property (depicted as “Bldg. 3” on Exhibit A), (b) that Community Housing building depicted as “Bldg. 1” on Exhibit A on which a separate and independent Deed Restriction has been recorded (the “Building 1 Site”), and (c) that Community Housing building depicted as “Bldg. 2” on Exhibit A on which a separate and independent Deed Restriction has been recorded (the “Building 2 Site”). The parties agree that the recording of this Deed Restriction shall bind and burden the Property only and shall not in any manner be deemed to burden or restrict the Building 1 Site, the Building 2 Site or any other portion of Lot 2A (e.g., the area comprising the current parking lot serving the Campus). Declarant reserves the right at any time or from time to time to subdivide Lot 2A into separate parcels, including, without limitation, into parcels comprising the Property, the Building 1 Site, the Building 2 Site and the parking lot area, subject to applicable requirements of the AMC, and in such event this Deed Restriction shall attach and bind the subdivided parcel comprising the Property only, and the subdivided parcel(s) comprising any areas outside of the Property shall be deemed automatically and fully released from the terms of this Deed Restriction. The Town agrees to execute and deliver to Declarant in recordable form any reasonable document or instrument confirming or evidencing such release and discharge of the Adjacent Community Housing Site and the Undeveloped Site. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means: i. an employee of the Declarant; or ii. an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self- employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that such residence is the primary residence for that person. b. Owner means the Owner of the Property and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. i. Qualified Owner means (1) a natural person who is an Eagle County Employee; or (2) an owner of a business, business entity or organization (including for profit, ATTACHMENT D Page 3 of 13 non-profit, public and governmental entities) with operations located within the boundaries of Eagle County who intends to rent or provide rent-free the Property to an employee (or employees) who is an Eagle County Employee, and in each case who possesses an ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property. ii. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meet the definition of Qualified Owner. c. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; an employee of the Declarant; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. d. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. e. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner is a natural person who is an Eagle County Employee] and/or with a co-signor if the co- signor is signing for the sole purpose of facilitating the financing qualifications of the Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes). b. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of such Eagle County Employee or Employees and temporary invitees who do not provide compensation for ATTACHMENT D Page 4 of 13 temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. c. It shall not be deemed a violation of Sections 3.a or b. above if i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. d. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. e. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. f. The Owner of the Property shall submit to the Town an annual certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town. The Town shall provide a written request with at least thirty (30) days’ notice for verification of occupancy, which notice shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. g. In the event that the Town in the future approves a program for the buy-out of employee housing deed restrictions and/or for the re-designation of an employee housing restriction to another property, the Town agrees that any such program shall apply to this Deed Restriction and the Property, and shall not be excluded as a preexisting Deed Restriction. 4. Re-Sale Controls. Unless the Property is sold or otherwise transferred in connection with the sale or transfer to a Qualified Owner, the Property may not be sold or otherwise transferred. The Property may be sold or transferred only to a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4, which Qualified Owner could be a purchaser or transferee of the entire Campus but is not obligated to be. ATTACHMENT D Page 5 of 13 a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of Qualified Owner. b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the buyer(s) that is determined in writing by the Town to be a Qualified Owner. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least 24 hours written notice. Notice to the occupants may be given by posting notice on the door to the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. ATTACHMENT D Page 6 of 13 e. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with an indebtedness or obligation that exceeds eighty-five (85%) of the loan to value ratio of the Property at the time of executing such deed of trust, lien or other encumbrance. h. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. i. Permitting the use of the Property as a Short Term Rental. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Town Council of the Town. A decision of the Town Council of the Town may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Town Council of the Town (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Town Council of the Town is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall ATTACHMENT D Page 7 of 13 bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31- 20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or ATTACHMENT D Page 8 of 13 assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances up to the maximum amount defined in Section 5.g. above (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Qualified Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all ATTACHMENT D Page 9 of 13 title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. ATTACHMENT D Page 10 of 13 g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] ATTACHMENT D Page 11 of 13 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: WALKING MOUNTAINS, a Colorado nonprofit corporation By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of____________________, 2023, by ___________________________________ as ___________________ of Walking Mountains, a Colorado nonprofit corporation, as the owner of the real property described above. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ ATTACHMENT D Page 12 of 13 TOWN OF AVON, COLORADO: By:__________________________________ Attest:______________________________ Eric Heil, Town Manager Miguel Jauregui Casanueva, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this ______ day of _______________, 2023, by Eric Heil, as Town Manager, and Miguel Jauregui Casanueva, as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ ATTACHMENT D Page 13 of 13 Town of Avon – Walking Mountains Resident Occupied Community Housing Deed Restriction EXHIBIT A DESCRIPTION OF THE PROPERTY That portion of Lot 2A, Filing 3, Buck Creek Subdivision, according to the Final Plat recorded December 22, 2016, at Reception No. 201621979 in the Eagle County, Colorado real property records, that is depicted as “Bldg. 3” on the attached. ATTACHMENT D (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: IGA 2023 Eagle County Coordinated Election DATE: August 3, 2023 SUMMARY: The attached Intergovernmental Agreement (IGA) sets forth the administration and conduct of the November 7, 2023, Coordinated General Election. If the Town Council approves on second and final reading Ordinance No. 23-04 (Use Tax on Construction Materials), the IGA will refer a ballot issue question regarding the 4% Use Tax on Construction Materials to the November 7, 2023 Election. The IGA must be submitted to the County at least 70 days before the election, as required by § 1-7-116(2), which is Tuesday, August 29, 2023 in order to participate. BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I would serve as the designated election official and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and the Town Code Section 1.12.020. Tax questions in Avon must be referred to November elections in accordance with the Tax Payors Bill of Rights (“TABOR”). TABOR requires ballot content to be certified to the County Clerk for coordinated elections by September 8, 2023. Council has regular meetings on August 8 and August 22 before the September 8, 2023 deadline to certify ballot content. ANALYSIS The IGA addresses such items as follows: ▪ Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities for both election officials ▪ Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot issues, active voters, and/or items to be included on the ballot for each political subdivision. For reference, the cost of the 2022 General Election was $5,758.95 and saw a voter turnout of 2,979 active voters (presidential elections typically see higher voter turnout and related higher costs while ballot issues typically see a smaller voter turnout, unless it is a tax issue). ▪ Call and Notice: This section details who is responsible for the election publication. ▪ Ballot Certification: This section details the town’s role in submitting the ballot text to the county. ▪ Preparation of Voter Lists: This section details the exchange of the voter lists. ▪ Tabor Notice: This section details responsibility regarding the Tabor notices. ▪ Street Locator List: This section details that the town is to provide an accurate street listing to the county. ▪ Cancellation: This section details that the town will notify the county if the election is cancelled. There are four appendixes to the agreement including a timeline and street locator list. PROPOSED MOTION: I move to approve the Eagle County Intergovernmental Agreement for the November 7, 2023 Eagle County Coordinated Election. Thank you, Miguel ATTACHMENT A: Eagle County Intergovernmental Agreement for November 9, 2023 Coordinated Election. Page 2 of 18 Attachment A Intergovernmental Agreement Between the Eagle County Clerk and Recorder and Town of Avon Concerning the Tuesday, November 7, 2023 Coordinated Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder (the “Clerk”) and Town of Avon concerning the Tuesday, November 7, 2023 Coordinated Election is made on ________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the Coordinated Election, and in accordance with state law, will conduct the Coordinated Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the Coordinated Election, to be signed no later than seventy (70) days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate race(s) at the Coordinated Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the Coordinated Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A. Except as otherwise provided in this section, the Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”) which require action by the Coordinated Election Official. B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the governing body of the Political Subdivision from their official responsibilities for the conduct of the Election. Page 3 of 18 C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code, the Election Rules (“Election Rules”) promulgated by the Colorado Secretary of State, as may be amended from time to time; and any then-current policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). 6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the Eagle Valley Enterprise, the Vail Daily, and the Aspen Times Weekly, no later than twenty (20) days prior to the Election. 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. Page 4 of 18 B. Conduct of Election 1. The Clerk shall designate the proper number and locations of vote centers and 24-hour ballot boxes. All voting locations will be reasonably accessible to voters with disabilities. 2. The Clerk shall adhere to security requirements pursuant to Election Rule 20, including the security of physical ballots and video surveillance. 3. The Clerk shall provide for the processing of all mail ballots and for the verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes and UOCAVA ballot return affidavits. 4. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronic transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 5. The Clerk shall conduct the required post-election risk limiting audit. 6. The Clerk shall conduct any mandatory or permissive recount. 7. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. 8. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 9. The Clerk shall preserve all election records relating to the Election for at least twenty-five months pursuant to 1-7-802 C.R.S. 10. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice (“TABOR Notice”) 1. The Clerk shall prepare and mail a combined TABOR Notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR Amendment”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the TABOR Notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more Page 5 of 18 registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison 1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, text messages, or any other communication from the Clerk/Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within four (4) hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence within four (4) hours shall constitute approval allowing the Clerk to move forward. 2. DESIGNATED ELECTION OFFICIAL The Political Subdivision has designated: Miguel Jauregui Casanueva whose mailing address is PO Box 975, Avon, CO, 81620 and whose phone number is 970-748-4001 and whose cell phone number is 970-748-4001 and whose email address is mjauregui@avon.org and whose fax number is 970-949-9139 as its DEO for the purpose of the Election. 3. ALTERNATIVE OFFICIAL The Political Subdivision has designated Patty McKenny whose mailing address is PO Box 975, Avon, CO, 81620 and whose phone number is 970-748-4021 and whose cell phone number is 970-748-4021 and whose email address is pmckenny@avon.org and whose fax number is 970-949-9139 as its alternative official for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names actually situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. Page 6 of 18 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by seventy (70) days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday August 29, 2023. Address changes will not be allowed after this date. If the certification is not provided by the date specified herein, the Political Subdivision may not be allowed participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR “ballot issue” means a state or local government matter arising under the TABOR Amendment b. “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203 C.R.S: a. The Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty (250) words in English (inclusive of the title) unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issues or ballot questions that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. b. The Political Subdivision shall not certify any single ballot issue or ballot question title in excess of ten (10) words in English unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issue or ballot question titles that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. c. Such certified ballot content and the signed resolution which authorizes the ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C.3.h or full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday, September 8, 2023 (Appendix A), pursuant to section 1-5- 203, C.R.S., as amended. d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can Page 7 of 18 be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the Political Subdivision whose DEO issued and/or approved the incorrect certification. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. e. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order, title, spelling, spacing, and punctuation. i. For candidates, specify exact titles of offices, the order of the names to appear for each office, and the order of offices. ii. For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk determines specific numbering on the ballot). iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be typed in all uppercase as is dictated by law (i.e. TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot, the question must be typed in mixed case. v. Bullet points may be used, but sub-bullet points may not be used; spacing is at the discretion of the Clerk to accommodate proper ballot layout. vi. Ballot Issues or Questions vote choice must be formatted as follows: _____YES/FOR _____NO/AGAINST It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this required format or if the formatting results in the ballot increasing in length, multiple sides, or multiple pages. The Clerk also has discretion to make non-substantive formatting changes, including but not limited to font, font size, and font case, in order to create consistency across ballot contests and measures. f. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize printing of the ballots. From the time the Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of its issue, question, or contest on the printed ballots. g. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions and determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting requirements: i. Software: Microsoft Word '03 or later (not as a PDF) ii. Spacing: Single iii. Font Type: Arial Narrow iv. Font Size: 10 point v. Justification: Left vi. All Margins: 0.5 inches Page 8 of 18 vii. Language: English viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements may be rejected by the Clerk. i. Spanish language translation of the ballot content must be submitted by the Political Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 8, 2023. Spanish language translations must be linguistically accurate, culturally appropriate, and technically consistent with the original documents. j. The Political Subdivision must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 8, 2023 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store, and prepare TABOR Notice content according to the provisions set forth in the TABOR Amendment and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S. 2. The Political Subdivision shall transmit via email the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries to the Clerk in order to be included in the TABOR Notice mailings no later than forty-three (43) days, Monday, September 25, 2023 by 3:00 p.m. Mountain Standard Time (Appendix A) before the Election, in final written form in accordance with the formatting requirements for ballot certification (see formatting requirements listed in section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Clerk will coordinate Spanish translation of all TABOR Notice content if the Political Subdivision provides advanced notice by Friday, September 8, 2023 to the Clerk or Contact Officer that the Political Subdivision would like to engage with this service (and be invoiced for the Political Subdivision’s portion of the translation cost). If the Political Subdivision does not choose to coordinate with the Clerk, the Spanish translation of TABOR Notice content is required Monday, September 25, 2023 by 3:00 p.m. Mountain Standard Time. Spanish language translations must be linguistically accurate, culturally appropriate, and technically consistent with the original documents. 4. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 5. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove Page 9 of 18 and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. E. Cancellation of Election 1. In the event that the Political Subdivision resolves not to hold the Election, notice of such cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 13, 2023 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the timely cancellation of the Election and a copy of the notice shall be posted in the office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing the services noted above to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non-resident property owners may be eligible to vote as set forth in Appendix D. Page 10 of 18 IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, translation, printing, labeling, postage, and mailing for the TABOR Notice. Said expenses shall be prorated among all Political Subdivisions participating in the TABOR Notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether the Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues, or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not the political subdivision measures or candidates legally belong on the ballot and any other challenges, both pre- and post-election. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election (Appendix A). 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 29, 2024 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers and employees, from any and all losses, costs, demands, or actions Page 11 of 18 arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Regina O’Brien, Clerk; or ● immediately upon receipt of confirmation that a fax or email was received. To Clerk: Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 888-816-1643 Email: regina.obrien@eaglecounty.us E. Time is of the Essence Per 1-7-116(2) C.R.S., this Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 29, 2023 (Appendix A). The statutory time requirements of the Election Code and Election Rules shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ___________ (Date) ________________________________________ Miguel Jauregui Casanueva Designated Election Official Date For Town of Avon (Political Subdivision) ________________________________________ Regina O’Brien Date Eagle County Clerk and Recorder Page 12 of 18 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates in red and underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 28, 2023 – 100 days prior - If by 100 days before the election, a Political Subdivision has taken formal action to participate in an election that will be coordinated by the Clerk, the Political Subdivision shall notify the Clerk in writing. 1-7-116(5), 1-1-106(5) C.R.S. ● July 24 – 28, 2023 – IGAs will be mailed to participating entities. IGA will include address ranges that need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 29, 2023 by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify to the Clerk (Appendix C). Deadline is 3:00 p.m. Address changes will not be made after this date. Please submit sooner if possible. 1-7-116(2) C.R.S. ● Friday, September 8, 2023 by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify the ballot text in English and Spanish and provide audio recordings of candidate names to the Clerk; deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S. ● Monday, September 11, 2023 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 18, 2023 – Equipment and Logic and Accuracy Testing ● Monday, September 18, 2023 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Friday, September 22, 2023 – Last day to file pro/con comments pertaining to local ballot issues with the political subdivision DEO (not the Clerk & Recorder) in order to be included in the ballot issue notice. (By noon the Friday before the 45th day before the election). 1-7-901(4) C.R.S. ● Saturday, September 23, 2023 – 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S. ● Monday, September 25, 2023 by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in English and Spanish to the Clerk in order to be included in the TABOR Notice mailing. 1-7- 904 C.R.S. ● Friday, October 6, 2023 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. Appendix A continued on next page Page 13 of 18 Appendix A – Continued CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION ● Friday, October 13, 2023 – 25 days prior - Last date for Political Subdivision to cancel election or withdraw ballot issue or question. 1-5-208(2) C.R.S ● Week of Monday, October 16, 2023 – Ballots may begin to be mailed, except for UOCAVA voters. 1- 7.5-107(3)(a) C.R.S. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. ● Wednesday, October 18, 2023 – Property Owner Ballot Entities Only - Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office. ● Friday, October 20, 2023 by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit sooner if possible. ● Monday, October 30, 2023 – Avon, Eagle, and El Jebel vote centers open. 1-7.5-107(4.5)(A)(III),(c) C.R.S. ● Monday, October 30, 2023 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S. ● Tuesday, November 7, 2023 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted. ● Wednesday, November 29, 2023 – Deadline to certify election results. Official results will be forwarded to Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S. ● Monday, February 5, 2024 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of election as well as any recount costs. ● Thursday, February 29, 2024 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. Page 14 of 18 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION Page 15 of 18 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 7, 2023 COORDINATED MAIL BALLOT ELECTION Miguel Jauregui Casanueva, as Designated Election Official for Town of Avon, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, any inaccuracies have been notated and corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. ____________________ Designated Election Official Signature Date for Town of Avon (Name of Political Subdivision) Page 16 of 18 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property owners. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath, the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided from the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 29, 2023, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Page 17 of 18 Property Owner and Overseas and Military Voter Lists 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. 2. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 3. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list. 4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any Political Subdivision property owners on the UOCAVA list; identify all UOCAVA property owners. 5. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 11, 2023. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 6. Certify the list of any UOCAVA property owners to the Clerk by Monday, September 11, 2023, to ensure timely delivery of Property Owner oath for voter to return in time for statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 23, 2023 (1-8.3-110(1) C.R.S.)). 7. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 18, 2023 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 16, 2023 (22 days prior to the election). 8. Certify the revised supplemental Assessor’s list that includes new property owners and new UOCAVA property owners (i.e. the list should exclude non-human entities and previously identified UOCAVA voters) in Excel format to the County Clerk by Friday, October 20, 2023 by 10 a.m. MST. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1- 13.5-202, C.R.S and 32-1-103(5), C.R.S.). Page 18 of 18 3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered voter in the State of Colorado but is not already registered to vote at an address within the Political Subdivision. 4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self- affirmation (32-1-806, C.R.S.). 5. Record each property owner ballot returned and signature verified. 6. Process ballots at central count. 7. Tabulate and certify results. 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Vail Valley Art Guild Seasons Rent Proposal DATE: August 3, 2023 SUMMARY: The Vail Valley Art Guild has approached the Seasons commercial owner to explore the opportunity to rent the vacant space on the west side of Kai restaurant, fronting the Main Street Pedestrian Mall. This report presents an overview of a potential partnership opportunity to support the Vail Valley Art Guild locating its office on the Main Street Pedestrian Mall. GOALS: The goal of partnering with Vail Valley Art Guild is to support local artists, expand the Town of Avon’s art offerings in the community, and help this non-profit organization expand its capacity to potentially transition to a larger and more prominent art center at the Old Fire Station side. Other mountain town communities with a strong community art center often have a history of a non-profit organization building capacity and financial support which preceded the investment, construction and operation of a community art center. The proposed lease partnership between VVAG, Town of Avon and the Seasons commercial owner would be to take this next step with the goal that in 5-7 years there may be capacity and financial support to proceed with a community art center. The term “community art center” is used loosely as there are only very general ideas at this point. I do believe it is possible, and likely appropriate, that a community art center could support arts offerings while also providing a community meeting space to meet community needs, including senior activities, library events programming, LEASE TERMS: The Seasons commercial owner, GAC Avon LP, LLC (“Landlord”) has proposed lease terms of 4 years, at $18.00 per square foot, with a commercial area maintenance cost fee of $14,50 per square foot. The Landlord would provide $20,800 to the tenant with $10,400 to be used for tenant finishes and $10,400 to be used at tenants discretion, along with additional contributions to tenant of $8,000 per year. Landlord also agreed to put a door on the north side to allow direct access onto the Main Street Pedestrian Mall. FINANCIAL IMPACTS: VVAG has indicated that can afford to contribute $500 per month. The requested financial commitment by the Town of Avon would be approximately $1,500 per month or $18,000 per year. Total lease costs are expected to increase by 3.5% per year. CONSIDERATIONS: The following considerations are raised for Council. 1. Is there potential grant funding? Should Town of Avon and VVAG pursuit this grant funding to supplement the lease costs? As an option, Town of Avon could proceed with lease partnership now and pursue grant funding for years 2-4. 2. What is the VVAG commitment to activate and program this lease space? 3. What is are the goals, process and schedule for VVAG and Town of Avon to work towards expanding capacity, raising funding, and conducting conceptual planning for a community art center. 4. Should TOA request one or two seats on the VVAG Board of Directors to facilitate capacity building and coordination with future art facility planning? 5. Should there be a discussion of re-branding Vail Valley Art Guild to something that recognizes support by Town of Avon and location in Town of Avon? REQUESTED DIRECTION: I am requesting direction on whether Avon Town Council desires to pursue a partnership with Vail Valley Art Guild to assist with the cost of leasing space in the Seasons building. Thank you, Eric ATTACHMENT A: Seasons Space Use Description ATTACHMENT B: Vail Valley Art Guild Seasons Lease Proposal Vail Valley Art Guild - May 2023 VVAG SPACE AT THE SEASONS The VVAG is interested in leasing space for five years at The Seasons in Avon for an Art Center. We envision using the space as a nucleus for developing an Art Core within the town of Avon. Our leased space would be used for community art workshops, art group meetings, art exhibition space, and studio space for local painters, ceramic artists, and photographers. The long term vision would be to see enough interest, growth, and foundation set with this entry level space, to expand into additional space at the Seasons or beyond. We envision enlisting the interest of other creative industry organizations to join us in building a creative hub, right here in Avon. With Eagle County currently lacking a nonprofit community arts center, the VVAG having an “Arts Center” at the Seasons could turn both The Seasons Building and the Avon core into a lively cultural hub for the arts, attracting new visitors including both locals and tourists. Because of its central location, tradition of inclusivity, past generous history of supporting the arts, and financial resources, we believe Avon is an ideal location. Creating an “arts & culture center” would also be a fantastic addition to Avon’s growing state “Arts District” qualifications. This qualification would open The Town of Avon up to myriad opportunities for grants and recognition that would benefit our entire community. Established as a 501c3 in 2014, the Vail Valley Art Guild is the only active member-based visual arts nonprofit in the Eagle Valley. ● We currently have approximately 150 to 200 artist and photographer members. ● We have a regular history of partnering with Colorado Mountain College on various projects and art exhibitions. ● Our current gallery is located in the Old Town Hall building in Historic Downtown Eagle, where we participate in the monthly EagleARTS ARTwalk events, are current members of the Eagle Chamber of Commerce, and host member events on a regular basis. ● In our recent past we have enjoyed a few different gallery homes around the Valley, including a cute little gallery in Minturn and originally 2 locations in Avon. ● With these experiences, we have demonstrated that we have a solid and active membership, we work well with Town administrations, and that we have created efficient organizational systems to manage the gallery locations. ● Along with monthly exhibitions at our gallery location, we also have ongoing displays of our art and photography at all of the Eagle County libraries and the Eagle County Jet Center. ● In the past few years we have been establishing a nice tradition of working with our local high school art students, sponsoring exhibition events, fundraisers, and speaking with them about creative career opportunities. ATTACHMENT A ●We love to collaborate with other local charitable organizations,and host an annual affordable art fair. ●We host a myriad of other art and photography activities for our members. ●Our new website is worth a visit for more details.www.vvagco.org One of our favorite programs is our very popular art workshop series… ●Potential workshops for the Seasons space run the gamut from technical painting seminars from nationally known artist instructors,to teen programs,to therapeutic art sessions for interested groups within our community. ●We currently have over 5 intermediate and professional level workshops scheduled and sold out for this summer.These workshops will be held at various locations around the Valley. ●We would love to have one consistent central location to hold these types of workshops, alleviating the myriad logistics involved with organizing several different workshop location spaces. Our monthly member meetings are pretty popular too… ●Our group meetings include monthly photography group sessions,monthly art member sessions,along with committee and board meetings. ●We have regular speakers and demos by members and guest artists. ●These meetings foster community connection and open our artists up to new mediums and technical skills,not to mention building important friendships. Having this space would open up all sorts of opportunities ●To host more workshops,meetings,events,and exhibitions within the said space and also potential for expanding out into the public spaces inside and outside the Seasons building(with consent of course). ●In warm weather,with the consent of Seasons management,we envision outdoor pop-up exhibits,mini-art fairs,and artwalk events.In cooler weather,again with the consent of management,we could use indoor hallway space for the exhibition events.. ●We envision art exhibitions,benefits,and even artwalk style events that would not only enhance the Vail Valley Art Guild’s presence,but bring attention and activation to Avon’s core promenade,where the community and our guests will also enjoy the businesses and restaurants,sculptures,mural work,and beautiful landscaping adorning the Heart of the Valley. FINANCIAL CONSTRAINTS The VVAG cannot afford the space without significant subsidization from the Town of Avon. While we are financially stable with a growing asset base and have been in operation for more than ten years,with the exception of one part time employee,we are a volunteer organization. At this time the VVAG Board has budgeted $500.monthly for the lease of the space. We are hoping that the Seasons can see the upside of our occupancy and work with the Town of Avon to subsidize the rent as a contribution towards the promotion of community arts. QUESTIONS 1.Parking 2.Option to renew lease 3.Expense for common areas 4.Utility and internet expense 5.Option to terminate lease if Avon funding reduced 6.Allowance for improvements 7.Timeline for exterior door 8.Plumbing for work sink 9.Management rules for building use 10.CAM fees Tenant finishes: -Additional lighting -Closet,cabinetry,shelving -Whiteboard -Reception space -Wash sink FORTIUS CAPITAL – INVESTMENT SERVICES 245 Chapel Place, Suite C201, PO Box 8690, Avon, Colorado 81620 T: (970) 239-4199 | E: info@fortiuscap.com DATE: May 11, 2023 Lease Proposal RE: Proposal to lease Unit C2 Seasons Building 137 Benchmark Road Avon, CO 81620 Dear Tara, The following terms and conditions represent the basis for a lease proposal. Tenant: Vail Valley Art Guild Landlord: GAC Avon LP, LLC Premises: Unit C2 (1,040 sf.) 137 Benchmark Road Avon, CO 81620 Use: Art Gallery and Event Space Lease Term: Four (4) Years Option Term: Three (3) Years. Market rent, but not less than 103.5% of the previous year. Annual Escalations: 103.5% Delivery Date: Mutual lease execution Commencement Date: The earlier of (i) sixty (60) days from the Delivery Date or (ii) the day the tenant opens for business. ATTACHMENT B FORTIUS CAPITAL – INVESTMENT SERVICES 245 Chapel Place, Suite C201, PO Box 8690, Avon, Colorado 81620 T: (970) 239-4199 | E: info@fortiuscap.com Base Rent: $18.00/SF Security Deposit: One month’s gross rent CAM, Taxes & Ins: Commencing on the Commencement Date, as defined above, Tenant shall pay its pro rata share of all common area maintenance costs, insurance, utilities, and taxes (“CAM”) which are currently estimated at $14.50 per square foot per annum. Year One Tenant Allowance: Landlord will contribute $20.00 per square foot ($20,800.00). Half shall be used towards the completion of the Tenant’s improvements in the Premises. The remaining half can be used for whatever the Tenant chooses. Said allowance shall be paid within 30 days after Tenant provides Landlord paid receipts and lien waivers for such work. Additional Tenant Allowance: Landlord shall contribute an additional allowance of $8,000.00/year to Tenant for years two through four, for a total of $24,000.00 during the initial term. Said allowance can be used for whatever the Tenant chooses and will be paid no later than April 30th each year. Utilities: Tenant will pay for utilities attributable to the leased premises, which will be separately metered, sub-metered or allocated on a per square foot basis. (Electricity and Internet) Insurance: Tenant will maintain at Tenant's sole cost throughout the term of the lease, injury, accident, and property insurance on the leased premises to coverage amount required by the Landlord’s standard lease form. Landlord work: Landlord to provide a north facing exterior door to the Premises. The rest of the Premises will be provided in “as is” condition. Guarantor(s): The Lease contemplated herein shall be subject to the Landlord’s review and approval of the creditworthiness of the Tenant. Tenant’s principal owner(s) hereby agree(s) to personally guarantee the Lease to be executed. Form of Lease: Landlord’s standard form of lease. Approximate Current Monthly Breakdown of Rent for Year One of the lease: Base Rent $1,560.00 CAM Charges $1,256.67 Total Monthly $2,816.67 FORTIUS CAPITAL – INVESTMENT SERVICES 245 Chapel Place, Suite C201, PO Box 8690, Avon, Colorado 81620 T: (970) 239-4199 | E: info@fortiuscap.com This Lease Proposal is not a formal agreement, but merely a letter of terms and conditions; should the Parties come to terms and agree in principle with this proposal, it shall be the basis for the preparation of a formal lease agreement. Until a lease agreement is fully executed this is not a binding agreement between the Parties. This Lease Proposal has not been approved by the Colorado Real Estate Commission. Accepted this day of May 2023: Tenant: Vail Valley Art Guild By: ________________________________ Name: _____________________________ Its: ______________________________ Landlord: GAC Avon LP, LLC By: ________________________________ Name: ______________________________ Its: ______________________________ FORTIUS CAPITAL – INVESTMENT SERVICES 245 Chapel Place, Suite C201, PO Box 8690, Avon, Colorado 81620 T: (970) 239-4199 | E: info@fortiuscap.com Site Plan FORTIUS CAPITAL – INVESTMENT SERVICES 245 Chapel Place, Suite C201, PO Box 8690, Avon, Colorado 81620 T: (970) 239-4199 | E: info@fortiuscap.com AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using Zoom.us. Mayor Amy Phillips called the June 27, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood. Councilor RJ Andrade was absent. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt Pielsticker, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Human Resources Manager Karyne Spadi, Public Works Director Eva Wilson, Senior Planner Jena Skinner, and Planner I+ Max Morgan. 2. APPROVAL OF AGENDA Video Start Time: 00:01:02 Mayor Phillips initiated the meeting with the Agenda approval process and requested that Business Item 5.5. relative to Resolution 23-11 (Housing Guidelines) be tabled for the July 25, 2023 Council Meeting. There were no other requested changes to the Agenda. With no further discussion, Mayor Pro Tem Underwood presented a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:10 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:20 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or on Zoom, and no public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1. Presentation and Acceptance of 2022 Annual Comprehensive Financial Report (Finance Director Scott Wright) Video Start Time: 00:03:05 Finance Director Scott Wright delivered his presentation to Council related to the 2022 Annual Comprehensive Financial Report. He was joined by Mr. Paul Backes, CPA of McMahan and Associates who presented Council with the contents of his Auditor’s letter and expressed that historically, Avon´s audit has been very clean and this is true again in 2022. He expressed to AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Council that the Town is very fortunate to have had Finance Director Scott Wright at the helm of the Finance team for the last 30 audits. After deliberations, Mayor Pro Tem Underwood made a motion to approve the Financial Report. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. 5.2. Public Hearing: Second Reading Ordinance 23-02: Referring the Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 – Avon Downtown Development Authority (Town Manager Eric Heil) Video Start Time: 00:15:35 Town Manager Eric Heil delivered his presentation to Council related to the formation of the Downtown Development Authority (DDA), including financial projections and impact of the authority. He was joined by Town Attorney Karl Hanlon who explained to Council the composition of eligible voters. Mayor Pro Tem Underwood raised a point of order to request that Mayor Phillips ask for public comment before Council deliberations. Mayor Phillips opened the floor to public comment and Robert Tartre took the podium and stated he is the President of the Lodge at Avon Center Homeowners Association. He congratulated Town staff on their hard work on the DDA which he called innovative, forward thinking and game changing. He added he thinks this will fuel momentum to get more housing and parking available in Avon. He was followed by Mr. Mike Imhof who is a resident of Wolcott and Vice President of the Vail Valley Foundation. Mr. Imhoff spoke in support of the DDA, calling it a critical initiative and a great solution. No other public comment was made in person nor on zoom. Mayor Pro Tem Underwood requested that staff make an amendment to the second sentence of Section 6.1. to add the words "at least" before “50%” of the revenues going to housing. With no further discussion, Councilor Carroll made a motion to approve the second reading of Ordinance 23-02 with the addition of the words “at least” before “50%” in the second sentence of Section 6.1. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. 5.3. Resolution 23-12: Appointing the Town Clerk as the Designated Election Official, and Delegating the Authority and Responsibility of Appointing Election Judges for the Town of Avon’s Special Election on August 29, 2023 (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 00:36:35 Town Attorney Karl Hanlon delivered a brief synopsis of Resolution 23-12 to Council. There was no public comment made in person nor on Zoom. Without further discussion, Councilor Thuon made a motion to approve Resolution 23-12. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 5.4. Continued Public Hearing: Lot 3, Mountain Vista Resort, Stonebridge Hotel Major Development Plan and Development Bonus (Senior Planner Jena Skinner) Video Start Time: 00:38:16 Senior Planner Jena Skinner delivered her presentation related to the Stonebridge Hotel Major Development Plan and Development Bonus. She was joined by Town Attorney Karl Hanlon who walked Council through the documentation related to the development bonus and highlighted the changes to the documents which now reflect prior Council feedback. She was joined by Benton Grismer, Development Architect who delivered additional information on the Development Plan and Bonus and answered sundry questions from Councilor Hardy and Mayor Pro Tem Underwood. After the presentation, Mayor Pro Tem Underwood requested several amendments to the text of the development bonus, including the addition of two public pedestrian easements to the development plan providing connectivity from West Beaver Creek Boulevard to the Pedestrian Mall and on the south side from West Beaver Creek Boulevard through the pedestrian mall and into Mikaela Way. She noted if in the future there is better pedestrian access, these public easements may be vacated at that point in time but noted she believes it is essential to have these easements on both pedestrian routes. Town Attorney Karl Hanlon made note of this requested change. Town Manager Eric Heil highlighted the development plan also intends to use the public sidewalk adjacent to the Municipal Building for pedestrian access. There was no public comment made in person nor on Zoom. Without further discussion, Mayor Pro Tem Underwood made a motion to approve the development plan and bonus, as amended by 5 conditions she noted to include: in Section 4.1.c), reference to the pedestrian easement from north to south; in Section 4.1.d), bilateral cooperation with respect to interface with the Town Hall; in Section 4.3., reference to the temporary or final certificate of occupancy and assurance that there is not only pedestrian a easement but a restrictive covenant with respect to valet parking and 2 workforce housing units; and in section 5.1., striking the irrigated acreage requirement. Councilor Thuon seconded the motion. It was approved with a 6-0 vote of those present. 5.5. Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner) Video Start Time: 01:24:50 Mayor Phillips noted that this Business Item was tabled for the July 25, 2023 Council Meeting. 5.6. Letter of Agreement with Education Foundation of Eagle County for Skatepark use in Harry A. Nottingham Park (Planning Director Matt Pielsticker) Video Start Time: 01:26:57 Planning Director Matt Pielsticker delivered his presentation related to the Letter of Agreement. Councilors Carroll and Hardy inquired on the sources of funding of the bathrooms for the project. Amy Lewis with EFEC took the podium and noted she is the sponsor of the project and spoke of funding issues and different grant opportunities. There was no other AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 public input in person nor on Zoom. Councilor Thuon suggested the project get an additional review by the Planning and Zoning Commission, which Mayor Phillips agreed with. Councilor Hardy noted she doesn’t believe the current location is the appropriate location for the skate park and noted it should be located by the tennis courts. She then noted she does not believe the skate park is multi-use and the current proposed location isn’t getting the highest and best use out of it. Councilor Carroll raised some questions on the Letter of Agreement including the terms and conditions contained in Sections 3 and 5. Mayor Pro Tem Underwood noted a typo in the Letter that states that the Term does not commence but ends in 2030. A spirited debate among Councilors ensued related to the best location for the skate plaza. After deliberations, Councilor Carroll made a motion to approve the Letter of Agreement, amending the second Whereas in the Letter so that the location states “or such other location as determined appropriate by the Town”, striking the word commencing and replacing it with ending in 2030, striking paragraph 8, and amending the signature line with the name of Avon Skate Coalition in lieu of EFEC. Councilor Thuon seconded the motion. It was approved with a 6-0 vote of those present. 5.7. Work Session: Regional Housing Action Plan (Town Manager Eric Heil) Video Start Time: 02:03:35 Town Manager Eric Heil delivered his presentation related to the Regional Housing Action Plan and noted that Town Attorney Karl Hanlon attended a CML Conference where he recently learned that the Governor Polis intends to bring back another housing bill soon. Council gave a thumbs up to Town Manager Heil, thanked him for his work on housing, and encouraged him to continue being a leader in regional housing such as he´s been in regional transit. 5.8. Work Session: Rezone Slope Side Open Space to High Density Residential for Community Housing (Town Manager Eric Heil) Video Start Time: 02:16:31 Town Manager Eric Heil delivered his presentation on the rezoning of the Slope Side Open Space. There was no public comment made in person nor on Zoom. Deliberations from Council included the note that this would be a good location for modular stackable units that could be put in place quickly and meet future demand, that this is very viable, and that a public facility site should be included. Councilor Stanley made a motion to rezone this lot and the adjacent lot for community housing. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. 5.9. Work Session: Housing-Long Range Planner (Planning Director Matt Pielsticker) Video Start Time: 02:24:18 Town Manager Eric Heil delivered a brief presentation related to this newly created position AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 and noted that 6 months of salary for this position are already included in the 2023 budget and approving this position does not trigger any budget amendment. Council gave him 6 thumbs up indicating to him Council’s support to fill the vacancy. 5.10. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips) Video Start Time: 02:29:07 Mayor Amy Phillips introduced the topic of the approval of an Amendment to the Town Manager Employment Agreement and explained that the agreement in the packet has not substantially changed and only received minor edits. Councilor Hardy highlighted that he is an asset to Avon and the Valley and appreciated from every point of view, which was echoed by other Councilors. Councilor Stanley made a motion to approve the amendment of the Agreement. Mayor Pro Tem Underwood seconded the motion. It was approved with a 6-0 vote of those present. 6. MINUTES 6.1. Approval of June 13, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:32:02 With no discussion or correction, Mayor Pro Tem Underwood moved to approve the Minutes from June 13, 2023, as presented. Councilor Stanley seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. Draft May 18 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.4. Grant Summary Update (Deputy Town Manager Patty McKenny) 7.5. Comcast Franchise Agreement Renewal Update (Deputy Town Manager Patty McKenny) 7.6. Draft June 19 Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7.7. Capital Improvements Plan Update (Public Works Director Eva Wilson) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:32:52 Councilor Thuon noted he met with Public Works Director Eva Wilson and Public Works Operations Manager Gary Padilla about O’Neil Spur Pocket Park, and he considered it a great meeting, adding it was thorough and felt open minded to get this park back into shape. He added there were good ideas for budgeting expenses and maintenance on a schedule that makes sense. AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Councilor Carroll spoke of an online article in the Vail Daily related to the ease of building in the Town of Avon, noting the article stated customer service is fantastic and thanked staff for facilitating community housing projects. He added he also met with Pat Nolan of Eagle County Healthy Aging and asked how Avon can help better serve seniors and met with Avon Rec Director Michael Labagh to come up with ideas on how Avon Rec can help serve the elderly. Mayor Pro Tem Underwood reminded the public that Council will not reconvene until July 25, 2023 due to the Salute to the USA festivities on July 3rd and Independence Day festivities on July 4th. She then complimented Town Manager Eric Heil and staff for their hard work on Salute to the USA. She also asked if the Financial Report that routinely gets presented before Council could get posted in the Town’s website. Councilor Stanley thanked Eric for his hard work. Mayor Phillips noted that there will be no Sunset live and Avon Live the week of Salute to the USA and added at 4 p.m. there will be free transportation through ECO to attend the Salute to the USA event to avoid traffic and parking issues. Town Manager Eric Heil closed remarks by noting that Salute to the USA will have a fireworks show this year. 9. EXECUTIVE SESSION 9.1. An Executive Session pursuant to 24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiation; develop strategies for negotiation; instructing negotiators. More specifically, relating to Lot B and relating to housing at Sheraton Mountain Vista (Town Manager Eric Heil) Video Start Time: 02:44:35 pm With no further discussion, at 7:46 p.m. Mayor Pro Tem Underwood moved to enter Council’s executive session and relocate to the Holy Cross meeting room. Councilor Carroll seconded the motion. It was approved with a 6-0 unanimous vote of those present. The recording concluded with Mayor Phillips advising the public that no further action will be taken after the executive session. In addition to all Councilors present at roll call, present were Town Manager Eric Heil, Town Attorney Karl Hanlon, and General Government Manager Ineke de Jong. The session was held in the Holy Cross meeting room beginning at 7:53 p.m. and ending at 8:15 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:15 p.m. AVON REGULAR MEETING MINUTES TUESDAY JUNE 27, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Lindsay Hardy Ruth Stanley Rich Carroll Chico Thuon AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using Zoom.us. Mayor Amy Phillips called the July 25, 2023 Council regular meeting to order at 5:33 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips. Mayor Pro Tem Tamra Underwood was present via Zoom. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Public Works Director Eva Wilson, and Avon Rec Director Michael Labagh. 2. APPROVAL OF AGENDA Video Start Time: 00:33:07 Mayor Phillips initiated the meeting with the Agenda approval process. There were no requested changes to the Agenda. Without further discussion, Councilor Thuon made a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:33:48 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:33:59 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or on Zoom, and no public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1. Planning and Zoning Commission Vacancy (Planning Director Matt Pielsticker) Video Start Time: 00:34:33 Planning Director Matt Pielsticker delivered his presentation on the options for potential appointees to fill the vacancy of a Planning and Zoning Commission seat through May of 2025. Deliberations included the proposal to reduce the number of commissioners, which did not obtain consensus from Councilors. Three Councilors gave Mr. Pielsticker direction to contact Mr. Cooper, a runner up in the previous commissioner candidacy process to determine if he's still interested in filling the position. No Councilor expressed dissent to this proposal, and consensus was for Mr. Pielsticker to see if Mr. Cooper is still interested or otherwise advertise AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 to fill the vacancy. 5.2. Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner) Video Start Time: 00:44:58 Planning Director Matt Pielsticker delivered his presentation related to Housing Guidelines and was joined by Senior Planner Jena Skinner virtually through Zoom. He was also joined by Ms. Patti Liermann with the Vail Valley Home Store. There were ample deliberations among Councilors on the housing guidelines and in particular the mechanics of adding a 3-point based lottery system. No public comment was made in person nor on Zoom. Town Manager noted there was sufficient direction for staff to work to prepare and present lottery alternatives for Council’s review at following meeting and asked that if Council would like to provide additional feedback, they should email Ms. Skinner and him. The Resolution was tabled for the August 8, 2023 Council Meeting. 5.3. Presentation: Wildridge FireWise Accreditation (Hugh Fairfield-Smith, Fire Management Officer for Eagle Valley Wildland) Video Start Time: 01:22:21 Fire Management Officer Hugh Fairfield-Smith delivered a presentation to Council related to Wildridge’s Firewise accreditation. He noted the great importance of this accomplishment and presented Council with the sign awarded, and thanked Council for their support of the project. He noted there will be $300,000 in wildfire mitigation efforts in Avon this year, $80,000 from Town of Avon and $220,000 from grant funding. No public comment was made in person nor on Zoom. 5.4. First Reading of Ordinance 23-04: Construction Materials Use Tax (Finance Director Scott Wright and Town Manager Eric Heil) Video Start Time: 01:31:35 Town Manager Eric Heil delivered his presentation on the first reading of Ordinance 23-04 and noted it is a topic that Council has heard about for 2 years. He noted that August 22, 2023 will be the last Council Meeting in which Council can approve that the Construction Materials Use Tax be referred to the November 7, 2023 Coordinated General Election. Mr. Heil noted Avon voters expressed support for this tax in the last poll. Mayor Phillips opened the floor to public comment and Dave Dantas took the podium and noted that an added financial burden on single family builds where the totality of the Construction Materials Use Tax must now be paid at the start of a construction project, substantially increases cost of construction financing. No other public comment was made in person nor on Zoom. After deliberations, Councilors asked staff to revise Ordinance 23-04 to ensure that second reading will include an amendment where single-family homes and duplexes can defer the AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 payment of this Use Tax until the Certificate of Occupancy is awarded. Mayor Pro Tem Underwood made a motion to approve Ordinance 23-04 on first reading, as amended. Councilor Andrade seconded the motion. It was approved unanimously with a 7-0 vote. 5.5. Resolution 23-15: Approving a Use Tax Agency Fund (Incoming Finance Director Paul Redmond) Video Start Time: 02:01:38 Incoming Finance Director Paul Redmond introduced Resolution 23-15 and offered to answer any questions Councilors may have. There were no public comments in person nor on Zoom. After deliberations, Councilor Carroll made a motion to approve Resolution 23-15. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.6. Work Session: Recreation Department update on Status, Activities and Future Planning Work (Recreation Director Michael Labagh) Video Start Time: 02:04:51 Recreation Director Michael Labagh delivered his presentation related to an update of activities and future work at Avon Rec. Deliberations included discussions on what cost recovery should be at the Rec Center, along with revisiting its mission. Council expressed appreciation for the presentation delivered by Mr. Labagh and noted that the mission should be centered on promoting enjoyment of the facilities and services, rather than recovering 100% of the cost of the services. Council thanked Mr. Labagh for his work in the last year and a half. Mr. Labagh highlighted that the Eaglebend Pocket Park received the Great Outdoors Colorado (GOCO) Grant Award. Council took a moment to capture a photograph of the group with the GOCO award placard. At 07:38 p.m. Mayor Phillips asked her fellow Councilors for a brief 5-minute recess to reset the AV system which was causing technical difficulties. At 07:42 p.m., Council reconvened and continued with the Meeting. 5.7. Resolution 23-13, Grant Application with the Colorado Department of Local Affairs (DOLA) Energy Impact Assistance Fund (EIAF) for the Main Street LIVE: Livability Investments for Vibrant Economies Program (Eric Heil, Town Manager) Video Start Time: 02:31:40 Town Manager Eric Heil delivered his presentation related to the Main Street Live Grant Application. There were no public comments in person nor on Zoom. Councilor Hardy inquired on the reasoning behind needing an approval for a grant application and was advised it is due to a requirement included in the grant application rules. She further asked if those funds must be used for a skate plaza or if they can be used for other types of projects and was advised they can be used for other projects too if they meet the criteria. After deliberations, Councilor Carroll made a motion to approve that Town staff submit the grant application. Councilor Stanley AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 seconded the motion. It was approved unanimously with a 7-0 vote. 5.8. Resolution 23-14, Grant Application with the Colorado Department of Local Affairs (DOLA) Energy Impact Assistance Fund (EIAF) for the More Housing Now & Land Use Initiative Program (Eric Heil, Town Manager) Video Start Time: 02:37:37 Town Manager Eric Heil delivered his presentation related to the grant application for More Housing Now & Land Use Initiative Program. Mayor Pro Tem Underwood thanked him once again for taking a leadership position in tackling community housing which she considers the most critical issue in the Valley. There were no public comments in person nor on Zoom. After deliberations, Councilor Thuon made a motion to approve the grant application. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. 5.9. Notice of Award – Task Order 2-2023-02 Public Works Complex Design – Vehicle Storage Facility (Public Works Director Eva Wilson) Video Start Time: 02:43:34 Public Works Director Eva Wilson delivered a presentation on the construction of the Public Works Building and vehicle storage facility. Councilor Hardy stated she has concerns about the cost to build this project, noting it is her understanding that this is not on the Town’s priority list and she believes it too be too costly. Town Manager Heil explained the cost is reasonable for this type of structure and Avon needs a building such as this, noting all other communities in the area have a public works building. Councilor Hardy expressed concern regarding the $3.5 million construction estimate which she worried could be used on more important projects such as community housing. Council deliberations included how to improve the bidding process to get more bids. They also included deliberations on the size of the building and if it is sufficient to cover the needs of public works for the next 25 years. There were no public comments made in person nor on Zoom. After deliberations, Councilor Thuon made a motion to approve the grant application. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.10. Findings of Fact and Record of Decision Lot 3/Stonebridge Hotel Project (Senior Planner Jena Skinner) Video Start Time: 03:17:36 Mayor Phillips introduced the reviewing of findings of fact related to this project. She noted this is the formalization of the decision taken at the last Council meeting to move forward with the approval of their bonus. Councilor Andrade said he still opposes the parking bonus which he finds unsatisfactory. After deliberations, Mayor Pro Tem Underwood made a motion to approve the findings of fact. Councilor Carroll seconded that motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay. AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 6. WRITTEN REPORTS 6.1. Monthly Financials (Senior Accountant Dean Stockdale) 6.2. Quarterly RETT Report (Accountant I Carly Fackler) 6.3. Quarterly Update to the 2023 Department Goals (Town Manager Eric Heil) 6.4. Quarterly Mi Casa Avon Update (Senior Planner Jena Skinner) 6.5. Draft June 15 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 6.6. Planning & Zoning Commission July 5th Abstract (Planner 1+ Max Morgan) 6.7. Planning & Zoning Commission July 18th Abstract (Planner 1+ Max Morgan) 6.8. Draft July 18 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 6.9. Grant Agreement with State Board of the Great Outdoors Colorado Trust Fund and Town of Avon for the Eaglebend Pocket Park Transformation Project, Contract Number 23010, for a grant in an amount not to exceed $375,000 ** Indicates topic will be discussed at future agenda’s 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:20:05 Councilor Thuon suggested that every Wildridge and Wildwood resident should get a copy of the Firewise certificate in the mail for them to send to their insurance. He then highlighted the popularity of “van life” and asked if a future meeting could be dedicated to the discussion of where Avon could let them park. He asked Public Works Director Eva Wilson and Town Manager Eric Heil for more on-site public meetings in Wildridge to further integrate Wildridge and would like one in summer and one in fall at a minimum. He stated there is a growing pothole in front of Metcalf lofts on Metcalf Roard that he said is almost big enough that you can lay inside of it and asked for staff to inspect and repair it. He stated July 3rd was a great day for riding the bus to get to Salute to the USA. He continued his comments by speaking of the O’Neal Spur Pocket Park and asked staff what their plan is for snow removal, dog walking, and vehicle access control this winter. He closed his remarks by suggesting the Town explore a volunteer project to recruit retirees to maintain and landscape parks in Avon. Counselor Hardy thanked staff for their hard work on Salute to the USA, including the micro- transit bus to Wildridge which she noted was well accomplished and launched in a quick timeframe. She encouraged staff to consider micro-transit in Wildridge in the future. Counselor Stanley echoed Councilor Hardy’s comments and asked if the Avon Police Department needs car ports to shelter patrol vehicles from cold weather, which Police Chief Greg Daly stated they did not need car ports at this time. Councilor Carroll echoed Counselor Hardy’s comments and added his thanks for the shift bike program. AVON REGULAR MEETING MINUTES TUESDAY JULY 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Mayor Pro Tem Underwood explained that she is not in person at the Council Meeting because she is in Alamosa attending her 5-day water fluency class by Water Education Colorado. Mayor Phillips shared that the Eagle Valley Transportation Authority (EVTA) is moving along well and explained that the route to Wildridge was not a micro-transit route but instead a dedicated EVTA bus route between Wildridge and Avon Station, and from there to Vail may be an opportune route on holidays and Friday-Sunday in the ski season. 8. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:47 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon M E M O R A N D U M TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: July 21, 2023 RE: Summary of Authority’s June 22, 2023, Board Meeting The following is a summary of items discussed at the Authority’s June 22, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Tamra Underwood. Oath of Office The board noted Edwards Metropolitan District’s appointment of Joanna Kerwin as an alternate director. Audited Financial Statement Directors approved the FY 2022 Audited Financial Statement. Paul Backes (McMahan & Associates) said UERWA received an unmodified opinion with no recommendations or concerns. Eagle Park Reservoir Company Siri Roman reported on the Jun. 20 Eagle Park Reservoir Company annual shareholder and quarterly board of director meetings. Shareholders approved the FY 2024 budget that increased operating assessments to account for added capital expenses. Landscape Transformation Rebate Program Directors supported excluding rebates for irrigated turf removal using herbicides on land located within 75 feet of the Eagle River and 25 feet of Gore Creek and all tributaries. This would not apply to noxious weed management. Signs must be posted if herbicides are used in large community housing areas. Consumer Confidence Report Brad Zachman presented the Consumer Confidence Report covering calendar year 2022 for both the Authority and District public water systems. For the first time, the two systems were combined into one report and the report was published in Spanish. Both versions are available on the District website. Work Session: Development Report Engineering staff reviewed development report methodologies and processes for development approval, water rights dedication, and infrastructure approval. Colorado River Basin issues Diane Johnson said the U.S. Department of the Interior is pausing review of the Supplemental Environmental Impact Statement to analyze the proposal by the lower basin states to modify operations through 2026, while also initiating the formal process to develop post-2026 operating guidelines. Stream Access Litigation Kristin Moseley said the Colorado Supreme Court opinion in State v. Hill was procedural and did not determine legal policy on public stream access. Page 1 of 2 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY AUGUST 1, 2023 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY PZC CHAIRPERSON ANTHONY SEKINGER AT 5:04 PM. A ROLLCALL WAS TAKEN, AND ALL PLANNING COMMISSIONERS (BRAD CHRISTIANSON, BILL GLANER, ANTHONY SEKINGER, KEVIN HYATT, OLIVIA COOK, AND TOM SCHAEFER) WERE PRESENT. ALSO PRESENT WERE APPLICANT MICHAEL HAZARD, AIA, AND PROPERTY OWNER, CHADD ZIEGLER, SENIOR PLANNER JENA SKINNER, AICP, AND PLANNER 1+ MAX MORGAN. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE PROPOSED, AMENDED AGENDA. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION WAS PASSED 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS ACTION: THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED. 4. PUBLIC HEARING 4.1. ALTERNATIVE EQUIVALENT COMPLIANCE (AEC) AND MINOR DEVELOPMENT PLAN REVIEW (MNR) – AEC23005 & MNR23020 (PLANNER 1+ MAX MORGAN) ACTION: COMMISSIONER SCHAEFER MADE A MOTION TO APPROVE THE APPLICATION FOR ALTERNATIVE EQUIVALENT COMPLIANCE. COMMISSIONER CHRISTIANSON SECONDED THE MOTION AND THE MOTION PASSED 6-0. ACTION: COMMISSIONER SCHAEFER MADE A MOTION TO APPROVE THE APPLICATION FOR ALTERNATIVE EQUIVALENT COMPLIANCE. COMMISSIONER HYATT SECONDED THE MOTION AND THE MOTION PASSED 6-0. 5. CONSENT AGENDA 5.1. JULY 18, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. 6. STAFF UPDATES 6.1. COMMUNITY PICNIC – THURSDAY, SEPTEMBER 14TH 5:30-7:30PM IN NOTTINGHAM PARK 7. FUTURE MEETINGS 7.1. AUGUST 15, 2023 - TUESDAY 7.2. SEPTEMBER 6, 2023 - WEDNESDAY 8. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 5:34PM THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH Page 2 of 2 CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Amy Phillips and Council members FROM: Michael Labagh, Recreation Director RE: Colorado Early Childhood Stimulus Bonus Grant DATE: August 2, 2023 SUMMARY: In February 2022, the Recreation Department’s licensed child care program was awarded $52,789.00 from the State of Colorado’s, Department of Human Services, Child Care Operations Stabilization and Workforce Sustainability grant. Under the same State grant program, staff applied for and received a “10th payment” and bonus grant in the amount of $14,326.93. This report provides allocation details regarding the additional grant amount which was received in July 2023. BACKGROUND: Recreation Programs Division staff were informed of the “10th payment and bonus grant opportunity via the State of Colorado’s Department of Human Services in Spring 2023. Staff were informed that they received the bonus grant in the amount of $14,326.93 in July 2023. $11,000.00 is being allocated to local program families to subsidize the cost of child care. This money is eligible to be used on the Recreation Department’s Afterschool Care, School’s Out Camp and/or Summer Camp programs. The remaining $3,326.93 is being used for eligible Youth Programs Division (521) expenses. The total amount of grant money received through both State grant programs totals $67,115.93. All grant money must be used by September 30, 2023. BONUS GRANT DISTRIBUTION: ACCOUNT TITLE ACCOUNT CODE AMOUNT GENERAL PROGRAM SUPPLIES 100-521-62301 $3,326.93 TOTAL ADDITIONAL EXPENSES: $3,326.93 STATE GRANTS REVENUE 100-53299 $14,326.93 YOUTH PROGRAMS CREDITS 100-54655 $11,000.00 TOTAL ADDITIONAL REVENUE: $14,326.93 GRANT MANAGEMENT: The total bonus grant funding of $14,326.93 will be recognized as revenue under the State Grants account, 100-53299. $11,000.00 of the total grant award will be allocated as a household credit to local program families and tracked via the Recreation Department’s software system, SmartRec. The increased expense in the Youth Programs Division operating budget will be offset by revenue received and recognized in the State Grants revenue account. Staff are required to send a report to the State of Colorado, Department of Human Services each month stating where the grant money is being allocated for the previous month. This will be managed by the Recreation Services and Youth Programs staff. 970-748-4446 mlabagh@avon.org Page 2 of 2 Thank you, Michael ATTACHMENTS: Attachment A – Bonus Grant Award Notice – 07.12.23 Attachment B – Budget Revision Attachment C – RPT - Child Care Stabilization Operations Stabilization & Sustainability Grant - 04.20.22 ATTACHMENT A - BONUS GRANT AWARD NOTICE From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com> Sent: Wednesday, July 12, 2023 10:01 AM To: Joshua Auten <jauten@avon.org> Subject: Your 10th Payment and Bonus Grants Award Hello, Congratulations! You have been approved for the 10th Payment and Bonus Grants! License # 10468 Site Name: Avon Rec Summer Camp and After School Program 10th Payment Award: $5866 Bonus Award: $8460.93 Bonus awards were provided to child care providers that attested to providing care to infants and/or toddlers, providing care during nontraditional hours (before 6am and/or after 6pm), and/or providing care to children with disabilities. Each bonus criteria was worth the same amount and providers received 0-3 portions, depending on what they attested to in their application and what was confirmed in their Provider Portal Hub The Catalog of Federal Domestic Assistance (CFDA) number for this funding is 93.575, Child Care and Development Block Grant. You can review allowable uses of funds for this grant here. Your 10th Payment Award should arrive in your account by this Friday 7/14. The Bonus Award will arrive in your account by no later than next Friday 7/21. Your financial contact will receive a notification email each time a payment has been initiated. All funds must be spent by no later than September 30th, 2023. Unspent funds will need to be returned. If you have questions about your grant award, you can email us at coecstimulus@metrixiq.com or call us at 720-305-9040. Thanks so much, The CDEC Stimulus Grants Team coecstimulus.com Department/Program: _______________________________________________________________________ Submitted By: _____________________________________________Date: ______________ Dept Head Signature: _______________________________________Date: ______________ Current Increase Revised Account Title Account Code Budget (Decrease)Budget Net Increase (Decrease) Explanation for Revision: (Revisions due to personnel changes must have bottom portion of form completed and an attached PAF) Position Title: ______________________________________________Effective Date: ____________ Employee Name: ___________________________________________Employee #: ______________ Change in Title or Status: New Title: ________________________________________________Current Status:New Status: Full-time Full-time Part-time Part-time Change Salary Distribution: Current Program # Current % New Program # New % _____________ ________ _____________ ________ _____________ ________ _____________ ________ _____________ ________ _____________ ________ Add or Remove Position: Program #: _____________ %: ________Status: _____________________Full-time Part-time Salary: _______________________ Town Manager or Designee Approval:Date: Finance Director or Designee:Date: Personnel Revisions Expenditures Request for Revision to Approved Budget Intranet/Document Center/Forms Index Page 1 of 1 01.01.2018 ATTACHMENT B 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: Child Care Operations Stabilization and Workforce Sustainability Grant DATE: April 20, 2022 SUMMARY: The Recreation Department’s licensed child care program was awarded $52,789 from the State of Colorado’s, Department of Human Services, Child Care Operations Stabilization and Workforce Sustainability grant in February 2022. All money will be distributed to the Town by October 2022 and must be used by September 2023. BACKGROUND: Recreation Programs Division staff were informed of this opportunity via the State of Colorado’s Department of Human Services in January 2022. $35,000.00 is being allocated to local program families to subsidize the cost of child care. This money is eligible to be used on the Recreation Department’s Afterschool Care and/or Summer Camp programs. The other $17,789.00 is being used for eligible Youth Programs Division (521) expenses. Any residual money left at the end of 2022 will be carried over into the 2023 Recreation Department operating budget. GRANT DISTRIBUTION: ACCOUNT TITLE ACCOUNT CODE AMOUNT PTS BONUSES 100-521-61122 $9,404.00 OVERTIME WAGES 100-521-61151 $1,000.00 GENERAL PROGRAM SUPPLIES 100-521-62301 $4,885.00 FOOD & BEVERAGES 100-521-62802 $1,500.00 COMPUTERS & PERIPHERALS 100-521-66402 $1,000.00 TOTAL ADDITIONAL EXPENSES: $17,789.00 STATE GRANTS REVENUE 100-53299 $52,789.00 YOUTH PROGRAMS CREDITS 100-54655 $35,000 TOTAL ADDITIONAL REVENUE: $52,789.00 GRANT MANAGEMENT: The total grant funding of $52,789.00 will be recognized as revenue under the State Grants account, 100-53299. $35,000.00 of the total grant award will be allocated to local program families and tracked via the Recreation Department’s software system, SmartRec. The increased expense ATTACHMENT C 970-748-4446 mlabagh@avon.org Page 2 of 2 in the Youth Programs Division operating budget will be offset by revenue received and recognized in the State Grants revenue account. Staff are required to send a report to the State of Colorado, Department of Human Services each month stating where the grant money is being allocated for the previous month. This will be managed by the Recreation Services and Youth Programs staff. Thank you, Michael ATTACHMENTS: Attachment A – Child Care Stabilization Grants Application Guide Attachment B – Grant Award Information Attachment C - Budget Revision View this email in your browser Dear child care providers and early childhood stakeholders, As we noted in our email announcing the Child Care Stabilization Grant application opening date, we are pleased to share with you an application guide and a sample preview of the application questions for the grants. The application guide provides important details on the application, and can be accessed here. The PDF preview of the sample application questions can be accessed here. The PDF preview of the sample application questions also includes some tips that will help providers filling out the application. A Spanish version of the guide (to accompany the Spanish application) will be available soon. It is very important that you do not fill out this PDF and return to the Office of Early Childhood or our vendor supporting the Stabilization Grants, MetrixIQ. The only application that will be accepted is the online application that will be emailed to child care providers on January 21. This PDF should only be used to help you gather the necessary information you need to complete the online application. Some minor changes may occur in the application before January 21. Please be sure to read and submit the online application carefully. The online application will require you to fill in some questions, while other questions will be pre-populated and you will be asked to ensure the information is accurate. We will continue to share information and instructions with you prior to the official application opening on January 21st. We will also share additional Subscribe Past Issues Translate information about technical assistance opportunities, including webinars, where you can get additional assistance with the application. If you have questions about the application at this time, please reach out to our grant administration partner, MetrixIQ, at coecstimulus@metrixiq.com. We also recommend you add this email address to your “safe sender” list to ensure you do not miss future communications related to these grants. Thank you again for all that you do to support children and families in Colorado. We are very excited to support our provider community with these grants. Forward Share Tweet Copyright © 2022 Colorado Office of Early Childhood, All rights reserved. Want to change how you receive these emails? You can update your preferences or unsubscribe from this list Subscribe Past Issues Translate ATTACHMENT B – GRANT AWARD INFORMATION From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com> Sent: Friday, February 11, 2022 2:45 PM To: Joshua Auten <jauten@avon.org> Subject: Congraulations! Approved for Child Care Operations Stabilization and Workforce Sustainability Grants Hello, Congratulations! You have been approved for the Child Care Operations Stabilization and Workforce Sustainability Grants. Please read this email carefully as it contains important information about your grant award. Your location, License # 10468 at 850 W Beaver Creek Blvd, has been approved for a total grant award of $52,789 to be paid in 9 equal installments. This means that each month you can expect to receive $5,866. You can expect to receive your first payment on or before February 28, 2022. Please see the table at the bottom of this email for a breakdown of the grant funding you will receive. The Catalog of Federal Domestic Assistance (CFDA) number for this funding is 93.575, Child Care and Development Block Grant. Over the next 9 months, you will be required to complete monthly reporting and attestations about your use of the grant funds in order to receive your next payment. These must be completed by the 15th of each month. Your monthly reporting will begin on March 1, 2022. To review allowable uses of funds for this grant and the difference between the Workforce and Operations grants here. Now that you have been accepted into the Child Care Stimulus Grants Program, your home base for everything related to the program will be the MetrixEnroll Portal. All monthly reporting requirements, award details, additional support resources and upcoming grant opportunities will live within the MetrixEnroll Portal. More information about how to access MetrixEnroll and how to complete your monthly reporting will be sent to you no later than February 25, 2022. If you have questions about your grant award, you can email us at coecstimulus@metrixiq.com or call us at 720-305-9040. Thanks so much, The CDHS Stimulus Grants Team coecstimulus.com License Number: 10468 Total Grant Award: $52,789 Total Workforce Grant Award: $10,401 Total Operations Grant Award: $42,388 Total Monthly Award: $5,866 Monthly Workforce Award: $1,156 Monthly Operations Award: $4,710